Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Web hosting receipts are described as consideration for availing standard hosting facilities, not for use or right to use equipment, because the server space, connectivity and infrastructure remained under the provider's possession and control. The text also states that web hosting did not make available technical knowledge, skill, know-how or process, so it did not fall within fees for technical services under the India-USA DTAA. It further records that a unilateral domestic-law expansion of royalty cannot enlarge the narrower treaty definition, and the treaty prevails where more beneficial. On that basis, the receipts were treated as not taxable in India as royalty or FTS.
Web hosting receipts are described as consideration for availing standard hosting facilities, not for use or right to use equipment, because the server space, connectivity and infrastructure remained under the provider's possession and control. The text also states that web hosting did not make available technical knowledge, skill, know-how or process, so it did not fall within fees for technical services under the India-USA DTAA. It further records that a unilateral domestic-law expansion of royalty cannot enlarge the narrower treaty definition, and the treaty prevails where more beneficial. On that basis, the receipts were treated as not taxable in India as royalty or FTS.
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