The article in the February 2015 issue of Direct Tax Amicus explores the controversy on allowability of depreciation in a finance lease transaction in the light of revised accounting standards to be notified by the Indian Government. The clarification issued by the Central Board of Direct Taxes (CBDT) on ‘any other sum’ for the purpose of disallowance for non-deduction of TDS, only the (proportionate) income component will form basis of disallowance is covered in the Circular section. The Ratio Decidendi section includes case law on rejection of TP analysis based on unaudited results, corporate guarantee not being international transaction, rendering of re-insurance services not to constitute PE and distinction between sale and right to use capacity in cable network as regards royalty.
February, 2015/Issue-07