Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Receipts from sale of software products and ancillary support services to Indian distributors, resellers and customers were held not taxable in India as royalty or fees for technical services under the India-USA DTAA. The Tribunal noted that earlier Karnataka High Court rulings relied on by the Assessing Officer had been reversed by the Supreme Court in Engineering Analysis Centre for Excellence Pvt. Ltd., and that position had attained finality after dismissal of the review petition. Applying that binding law, it upheld the Commissioner (Appeals)' relief and dismissed the revenue's appeal.
Receipts from sale of software products and ancillary support services to Indian distributors, resellers and customers were held not taxable in India as royalty or fees for technical services under the India-USA DTAA. The Tribunal noted that earlier Karnataka High Court rulings relied on by the Assessing Officer had been reversed by the Supreme Court in Engineering Analysis Centre for Excellence Pvt. Ltd., and that position had attained finality after dismissal of the review petition. Applying that binding law, it upheld the Commissioner (Appeals)' relief and dismissed the revenue's appeal.
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