ICSI Tax Laws Solved Question Paper Dec 2013

ICSI Tax Laws Solved Question Paper Dec 2013
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ICSI Tax Laws Solved Question Paper Dec 2013

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Chapter - 3 Basis of Charge and Scope of Total Income 2013 - June 5 c Income deemed to accrue or arise in India. 1 The following incomes shall be deemed to accrue or arise in India i All income accruing or arising, whether directly or indirectly, through or from any business connection in India, or through or from any property in India, or through or from any asset or source of income in India or through the transfer of a capital asset situate in India. Explanation 1 . For the purposes of this clause a in the case of a business of which all the operations are not carried out in India, the income of the business deemed under this clause to accrue or arise in India shall be only such part of the income as is reasonably attributable to the operations carried out in India b in the case of a non-resident, no income shall be deemed to accrue or arise in India to him through or from operations which are confined to the purchase of goods in India for the purpose of export c in the case of a non-resident, being a person engaged in the business of running a news agency or of publishing newspapers, magazines or journals, no income shall be deemed to accrue or arise in India to him through or from activities which are confined to the collection of news and views in India for transmission out of India
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Appendix CS Executive Programme Module-I Paper 3
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d in the case of a non-resident, being 1 an individual who is not a citizen of India or 2 a firm which does not have any partner who is a citizen of India or who is resident in India or 3 a company which does not have any shareholder who is a citizen of India or who is resident in India, no income shall be deemed to accrue or arise in India to such individual, firm or company through or from operations which are confined to the shooting of any cinematograph film in India. Explanation 2. For the removal of doubts, it is hereby declared that "business connection" shall include any business activity carried out through a person who, acting on behalf of the non-resident, a has and habitually exercises in India, an authority to conclude contracts on behalf of the non-resident, unless his activities are limited to the purchase of goods or merchandise for the non-resident or b has no such authority, but habitually maintains in India a stock of goods or merchandise from which he regularly delivers goods or merchandise on behalf of the non-resident or c habitually secures orders in India, mainly or wholly for the non-resident or for that non-resident and other non-residents controlling, controlled by, or subject to the same common control, as that non-resident Provided that such business connection shall not include any business activity carried out through a broker, general commission agent or any other agent