Donor-directed corpus contributions retain capital character despite exemption claims under section 10(23C)(vi), preventing their treatment as taxable...
Enhanced tax-audit threshold applies where banking records establish compliant non-cash receipts and payments, eliminating penalty exposure for audit ...
Transfer pricing consistency protects identical non-interest-bearing debenture terms from a later notional-interest adjustment without valid statutory...
Rectification of debatable deduction claims cannot reverse scrutiny-approved co-operative society interest income deductions as apparent record errors...
Cash-method accounting bars presumptive interest taxation, while unsupported securities and share-trading additions require reliable material and veri...
For fees for technical services, the Tribunal held that the domestic rate under section 115A(1)(b) applied because the remittance was within the RBI automatic route and no separate approval was required on the facts. It construed the approval condition practically, not as a barrier that would make compliance impossible, and applied section 90(2) to permit the assessee to use the more beneficial 10% domestic rate instead of the treaty rate. The education cess ground was dismissed as already settled against the assessee, and interest was treated as consequential.
For fees for technical services, the Tribunal held that the domestic rate under section 115A(1)(b) applied because the remittance was within the RBI automatic route and no separate approval was required on the facts. It construed the approval condition practically, not as a barrier that would make compliance impossible, and applied section 90(2) to permit the assessee to use the more beneficial 10% domestic rate instead of the treaty rate. The education cess ground was dismissed as already settled against the assessee, and interest was treated as consequential.
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