Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
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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