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...
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.
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