Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Insolvency professional agency governance rules amended to add nominee directors, tighten independent director eligibility, and regulate managing dire...
Permanent establishment requirements under Article 5 of the India-US DTAA were not met because the Revenue did not establish that the associated enterprise's project office was available to the assessee or that it habitually concluded contracts, maintained stock, or secured orders for it. No fixed place PE or dependent agent PE existed, so no profit attribution arose. Separate offshore supply and repair agreements were supported by the bid terms and contractual arrangements; supplies, repairs and transfer of title occurred outside India. The allegation of artificial contract splitting lacked support. Accordingly, offshore supply, repair and refurbishment receipts were not taxable in India, and the assessment order was set aside.
Permanent establishment requirements under Article 5 of the India-US DTAA were not met because the Revenue did not establish that the associated enterprise's project office was available to the assessee or that it habitually concluded contracts, maintained stock, or secured orders for it. No fixed place PE or dependent agent PE existed, so no profit attribution arose. Separate offshore supply and repair agreements were supported by the bid terms and contractual arrangements; supplies, repairs and transfer of title occurred outside India. The allegation of artificial contract splitting lacked support. Accordingly, offshore supply, repair and refurbishment receipts were not taxable in India, and the assessment order was set aside.
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