Tuesday, February 23, 2016
German Business sentiment slid in feburary----mounting fears of slowing growth
German business sentiment fell in February, according to
the closely-watched survey by the Ifo Institute, spurring worries that
Europe's economic motor is slowing down. The Ifo business climate index
showed that morale slid to 105.7 from 107.3 in January, marking the
third consecutive month the number has dropped. Germany also confirmed
today that its economy expanded 0.3% in the fourth quarter, a rate that
could prompt more concerns amid fears about slowing growth.
Wednesday, February 17, 2016
A Power of Attorney executed by the Head Office in favour of the Liaison Office in India does not create a Permanent Establishment if the powers are specific to the liaison office and are not unfettered powers to enable to Liaison Office to act on behalf of the enterprise
Kawasaki Heavy Industries Ltd vs. ACIT (ITAT
Mumbai)
The sole basis on which the AO as well as the DRP came to
a conclusion that the assessee had a P.E. in India is the
clauses in power of attorney executed by the head office in
favour of its employee in the L.O. in India. Reliance was
also placed on the permission granted by the RBI to the
assessee for setting up the L.O. A plain reading of the
clauses in the power of attorney takes us to a conclusion
that the powers given therein are L.O. specific. The
AO’s conclusion that the power of attorney granted
unfettered powers to its L.O. employee, to do all or any
acts for and on behalf of the assessee, is incorrect. In our
view the finding of the AO that the power of attorney is an
open ended document, which is clearly outside the scope of
initial permission granted by the RBI is also perverse. No
doubt the AO can investigate, call for evidences and come
to a conclusion where any income earning activity has been
carried out by the L.O. so as to construe it as fixed P.E.
but, in our view it is beyond the jurisdiction of the AO to
adjudicate and conclude that the assessee has filed false
declarations before the RBI. At best, he can bring his
findings to the notice of the RBI which may consider the
same in accordance with law. The RBI has not found any
violation of conditions laid down by it while permitting the
assessee to have an L.O. In such circumstances, no adverse
inference can be drawn
Monday, February 1, 2016
China's official factory activity (PMI index) shrank to three year low in January
China's official factory activity skidded to a three-year
low in January, adding to further gloom about the state of the world's
second-largest economy. The official Purchasing Managers' Index stood at
49.4, compared with the previous month's reading of 49.7, deepening the
case for near-term stimulus and marking the sixth consecutive month of
factory activity contraction. The mood was worsened by a private survey
from Markit/Caixin that showed January manufacturing activity shrinking
for the eleventh straight month.
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