Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Reinsurance premium remitted to non-resident reinsurers was not shown to be taxable in India either through a permanent establishment in India or as fees for technical services or royalty, so no tax was required to be withheld at source. The Tribunal noted that the Indian subsidiary was not the foreign reinsurer's PE for the relevant payments, and there was no material showing that technical, consultancy or similar services were rendered. The demand under section 201(1) and interest under section 201(1A) were therefore deleted, and the Revenue's appeal was dismissed.
Reinsurance premium remitted to non-resident reinsurers was not shown to be taxable in India either through a permanent establishment in India or as fees for technical services or royalty, so no tax was required to be withheld at source. The Tribunal noted that the Indian subsidiary was not the foreign reinsurer's PE for the relevant payments, and there was no material showing that technical, consultancy or similar services were rendered. The demand under section 201(1) and interest under section 201(1A) were therefore deleted, and the Revenue's appeal was dismissed.
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