Service permanent establishment requires non-auxiliary services, while arm's-length distributor remuneration precludes further profit attribution in I...
Make-available condition excludes standard SaaS subscription receipts where customers receive no independently usable technical knowledge after subscr...
Anonymous donation classification fails where charitable trusts maintain undisputed donor identity records and evidence corpus contributions' intended...
Transfer pricing method selection favours TNMM where medical-equipment distribution involves substantial post-import value addition and operational ri...
Post-export shipping bill conversion remains available where contemporaneous evidence supports EPCG benefits despite curable procedural omissions and ...
EPCG conditions may be relaxed where export obligation cannot be fulfilled because of force majeure or other unforeseen circumstances. The Tribunal applied this principle where the importer lost possession and control of the capital goods after auction by lenders before expiry of the first block period, making performance impossible, and held that interest under the notification and bond could not be levied; the demand had also been effectively secured through bank guarantees already realised. On the same facts, confiscation under section 111(o) and penalty under section 112(a) were set aside because the breach was not deliberate, the goods were no longer under the importer's control, and mens rea was required for penalty. The customs duty demand itself remained undisturbed.
EPCG conditions may be relaxed where export obligation cannot be fulfilled because of force majeure or other unforeseen circumstances. The Tribunal applied this principle where the importer lost possession and control of the capital goods after auction by lenders before expiry of the first block period, making performance impossible, and held that interest under the notification and bond could not be levied; the demand had also been effectively secured through bank guarantees already realised. On the same facts, confiscation under section 111(o) and penalty under section 112(a) were set aside because the breach was not deliberate, the goods were no longer under the importer's control, and mens rea was required for penalty. The customs duty demand itself remained undisturbed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
