Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
Receipts from seconded employees were held taxable as fees for included services under Article 12 of the India-USA DTAA because the secondees retained their lien with the overseas employer, the Indian entities could only end the assignment, and the services involved training, implementation of group policies, and transfer of technical knowledge, satisfying the make available test. The absence of markup and the label of reimbursement did not change the true character of the arrangement. On the separate issue of services rendered in and from the USA, the Tribunal had not properly examined the nature of the retained receipts or the Assessing Officer's findings, so the matter was set aside and remanded for fresh, reasoned consideration.
Receipts from seconded employees were held taxable as fees for included services under Article 12 of the India-USA DTAA because the secondees retained their lien with the overseas employer, the Indian entities could only end the assignment, and the services involved training, implementation of group policies, and transfer of technical knowledge, satisfying the make available test. The absence of markup and the label of reimbursement did not change the true character of the arrangement. On the separate issue of services rendered in and from the USA, the Tribunal had not properly examined the nature of the retained receipts or the Assessing Officer's findings, so the matter was set aside and remanded for fresh, reasoned consideration.
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