Supervisory permanent establishment requires project-wise duration and qualifying construction nexus; offshore supplies and salary reimbursements rema...
Transfer-pricing comparability permits fresh objections and filters where software service comparables are functionally unsuitable for arm's-length pr...
Territorial rendering requirement excludes China-based management and consultancy services from fees for technical services under the India-China DTAA...
Blocked input tax credit on construction of immovable property remained unavailable where the taxpayer was engaged in renting immovable property, used works contract services for construction, and the credit fell within clauses (c) and (d) of Section 17(5). The Court also treated the claim as belated because the credit was not taken within the statutory time limit under Section 16. It held that a unilateral letter proposing availment did not amount to departmental approval, and that availing a much larger credit without concurrence justified invocation of fraud and suppression, the extended limitation period, and Section 74. The challenge to the common notice covering multiple tax periods also failed.
Blocked input tax credit on construction of immovable property remained unavailable where the taxpayer was engaged in renting immovable property, used works contract services for construction, and the credit fell within clauses (c) and (d) of Section 17(5). The Court also treated the claim as belated because the credit was not taken within the statutory time limit under Section 16. It held that a unilateral letter proposing availment did not amount to departmental approval, and that availing a much larger credit without concurrence justified invocation of fraud and suppression, the extended limitation period, and Section 74. The challenge to the common notice covering multiple tax periods also failed.
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TaxTMI 
TaxTMI 
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