Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
India-Mauritius DTAA treaty shipping profits were denied because the assessee's own earlier years had already been decided against it on the same point, and that consistent view was followed. A fixed place permanent establishment was also not proved: the revenue had to show both disposal of the Indian premises and business activity through them, but the survey material showed only limited visits, agent-led operations, and no controlled space or real use by the non-resident. The Indian agent was treated as independent, so no dependent agent permanent establishment arose. As no PE existed, profit attribution to any alleged PE and aggregation of the two entities' income failed. Refund interest was taxed at the treaty rate under the interest article.
India-Mauritius DTAA treaty shipping profits were denied because the assessee's own earlier years had already been decided against it on the same point, and that consistent view was followed. A fixed place permanent establishment was also not proved: the revenue had to show both disposal of the Indian premises and business activity through them, but the survey material showed only limited visits, agent-led operations, and no controlled space or real use by the non-resident. The Indian agent was treated as independent, so no dependent agent permanent establishment arose. As no PE existed, profit attribution to any alleged PE and aggregation of the two entities' income failed. Refund interest was taxed at the treaty rate under the interest article.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4792
Join Channel
TaxTMI 
