Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Interest paid by an Indian permanent establishment to its head office or overseas branches may be deducted in determining profits attributable to the permanent establishment under the treaty, although the corresponding receipt is treated as payment to self under domestic law. Transactions between a foreign enterprise and its Indian permanent establishment may be subject to transfer-pricing rules; guarantee commission adjustments should reflect only the difference between the arm's length rate and commission already recovered. Foreign-exchange forward contract gains retain capital character where the contracts hedge capital investments. Interest on an income-tax refund is not effectively connected with the permanent establishment and is taxable under the treaty interest article. A treaty tax-rate ceiling prevents surcharge and education cess from exceeding that ceiling.
Interest paid by an Indian permanent establishment to its head office or overseas branches may be deducted in determining profits attributable to the permanent establishment under the treaty, although the corresponding receipt is treated as payment to self under domestic law. Transactions between a foreign enterprise and its Indian permanent establishment may be subject to transfer-pricing rules; guarantee commission adjustments should reflect only the difference between the arm's length rate and commission already recovered. Foreign-exchange forward contract gains retain capital character where the contracts hedge capital investments. Interest on an income-tax refund is not effectively connected with the permanent establishment and is taxable under the treaty interest article. A treaty tax-rate ceiling prevents surcharge and education cess from exceeding that ceiling.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4780
Join Channel
TaxTMI 
