Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
Jurisdictional facts in certificate-of-origin discrepancies can support customs show-cause proceedings, leaving factual explanations for departmental ...
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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