Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
