Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Place of effective management residence rules do not apply to a company whose turnover or gross receipts fall within the stipulated threshold under the Board circular, effective from Assessment Year 2017-18. The notes state that a New Zealand-incorporated company was therefore not liable to Indian tax merely because it had assumed Indian residence and filed returns on that basis, making the tax paid refundable. They further explain that rectification is available where foreign-tax payment was previously disputed but is later settled, and that procedural barriers should not deny substantive double-taxation relief. The rejection of refund was quashed and refund with interest was directed in accordance with law.
Place of effective management residence rules do not apply to a company whose turnover or gross receipts fall within the stipulated threshold under the Board circular, effective from Assessment Year 2017-18. The notes state that a New Zealand-incorporated company was therefore not liable to Indian tax merely because it had assumed Indian residence and filed returns on that basis, making the tax paid refundable. They further explain that rectification is available where foreign-tax payment was previously disputed but is later settled, and that procedural barriers should not deny substantive double-taxation relief. The rejection of refund was quashed and refund with interest was directed in accordance with law.
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