Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Receipts of a German tax resident individual for market support, business development, managerial and consultancy services were treated as independent personal services under Article 14 of the India-Germany DTAA, not fees for technical services under Article 12. The Tribunal held that Article 14 is the specific treaty provision for an individual's independent professional activities and, once its conditions are met, the income cannot be recharacterised under Article 12. As the assessee had no fixed base in India and did not exceed the treaty stay threshold, the receipts were taxable only in Germany. The additions for A.Y. 2018-19 were deleted, and the same treatment was applied for A.Y. 2019-20, subject to verification of the year of receipt for certain payments.
Receipts of a German tax resident individual for market support, business development, managerial and consultancy services were treated as independent personal services under Article 14 of the India-Germany DTAA, not fees for technical services under Article 12. The Tribunal held that Article 14 is the specific treaty provision for an individual's independent professional activities and, once its conditions are met, the income cannot be recharacterised under Article 12. As the assessee had no fixed base in India and did not exceed the treaty stay threshold, the receipts were taxable only in Germany. The additions for A.Y. 2018-19 were deleted, and the same treatment was applied for A.Y. 2019-20, subject to verification of the year of receipt for certain payments.
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