Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
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.
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