Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Inland haulage charges were treated as part of integrated international shipping operations where cargo movement from origin to port and vice versa formed a single composite transportation activity. The bill of lading supported transport from origin to destination, and the absence of India-China DTAA language specifically referring to directly connected activities was not decisive. Relying on OECD Commentary and co-ordinate bench rulings, the Tribunal held that such charges are directly connected with and ancillary to the operation of ships in international traffic, so they fall within Article 8 and are taxable only in the residence state. The agency PE attribution issue was left open as academic.
Inland haulage charges were treated as part of integrated international shipping operations where cargo movement from origin to port and vice versa formed a single composite transportation activity. The bill of lading supported transport from origin to destination, and the absence of India-China DTAA language specifically referring to directly connected activities was not decisive. Relying on OECD Commentary and co-ordinate bench rulings, the Tribunal held that such charges are directly connected with and ancillary to the operation of ships in international traffic, so they fall within Article 8 and are taxable only in the residence state. The agency PE attribution issue was left open as academic.
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