Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Withholding tax on payments to non-residents arises only where the sum is chargeable to tax in India. The note states that commission and allied payments were made outside India to non-resident recipients for services rendered outside India, with no permanent establishment or business connection in India. The view that commission became taxable merely because the order was executed in India was rejected, and there was no material to treat the payments as fees for technical services. As no income accrued or arose in India, tax deduction at source was not required and disallowance for non-deduction was not warranted; the deletion of the disallowance was upheld.
Withholding tax on payments to non-residents arises only where the sum is chargeable to tax in India. The note states that commission and allied payments were made outside India to non-resident recipients for services rendered outside India, with no permanent establishment or business connection in India. The view that commission became taxable merely because the order was executed in India was rejected, and there was no material to treat the payments as fees for technical services. As no income accrued or arose in India, tax deduction at source was not required and disallowance for non-deduction was not warranted; the deletion of the disallowance was upheld.
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