Revisional power in block assessment upheld, undisclosed search income sustained, freight suppression addition restored, accrued lorry hire liability ...
Reassessment and fee-for-technical-services classification: reopening upheld, but certain reimbursements and mobilization charges fell outside treaty ...
Section 80P deduction for co-operative societies remains available despite nominal members and housing society status, with limited interest income tr...
Voyage charter arrangements were held to be contracts of carriage, not supply of tangible goods for use, because the vessel owners retained possession, command, navigation and effective control, while the recipient had no independent right to deploy or exploit the vessel. Bills of lading, freight-based invoicing and charter clauses on demurrage or port charges were treated as incidents of transport, and voyages from foreign ports to India were also noted as non-taxable for the relevant period. The extended period failed because the dispute was interpretational, the transactions were recorded in books and departmental audits had already covered them; penalties were therefore unsustainable.
Voyage charter arrangements were held to be contracts of carriage, not supply of tangible goods for use, because the vessel owners retained possession, command, navigation and effective control, while the recipient had no independent right to deploy or exploit the vessel. Bills of lading, freight-based invoicing and charter clauses on demurrage or port charges were treated as incidents of transport, and voyages from foreign ports to India were also noted as non-taxable for the relevant period. The extended period failed because the dispute was interpretational, the transactions were recorded in books and departmental audits had already covered them; penalties were therefore unsustainable.
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