Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
Jurisdictional facts in certificate-of-origin discrepancies can support customs show-cause proceedings, leaving factual explanations for departmental ...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
