Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Royalty paid for technical know-how may be benchmarked under the transactional net margin method where it is intrinsically linked to manufacturing operations and entity-level margins are arm's length. A domestic royalty rate is not automatically a comparable uncontrolled price for export sales without demonstrated comparability of terms, markets, volumes and business conditions. The notes also address the stringent functional comparability required for commission benchmarking, indexation and transfer-expense verification in capital gains, and appellate consideration of an additional industrial-shifting exemption claim. They further cover non-taxability of overseas commission absent an Indian business connection or permanent establishment, and the presumption that investments derive from own funds where such funds exceed investments.
Royalty paid for technical know-how may be benchmarked under the transactional net margin method where it is intrinsically linked to manufacturing operations and entity-level margins are arm's length. A domestic royalty rate is not automatically a comparable uncontrolled price for export sales without demonstrated comparability of terms, markets, volumes and business conditions. The notes also address the stringent functional comparability required for commission benchmarking, indexation and transfer-expense verification in capital gains, and appellate consideration of an additional industrial-shifting exemption claim. They further cover non-taxability of overseas commission absent an Indian business connection or permanent establishment, and the presumption that investments derive from own funds where such funds exceed investments.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
