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Dear Subscriber,
FAQs On Slump Sale Under The Income-tax Act, 1961
CA Vinay V. Kawdia has explained the entire law, relating to the taxation of a slump sale under sections 2(42C) and 50B of the Income-tax Act, 1961, in the format of a FAQ. He has answered all conceivable questions and also referred to all the important judgements on the subject. The implications under the GST have also been briefly referred to See Also: Digest of case laws (updated regularly) containing latest judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
DIT vs. Samsung Heavy Industries Co Ltd (Supreme Court)
The condition precedent for applicability of "fixed place" permanent establishments under Article 5(1) of the Double Taxation Avoidance Treaties is that it should be an establishment "through which the business of an enterprise" is wholly or partly carried on. Further, the profits of the foreign enterprise are taxable only where the said enterprise carries on its core business through a permanent establishment. The maintenance of a fixed place of business which is of a preparatory or auxiliary character in the trade or business of the enterprise would not be considered to be a permanent establishment under Article 5. Also, it is only so much of the profits of the enterprise that may be taxed in the other State as is attributable to that permanent establishment (All imp judgements referred)__._,_.___
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