Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Copyright was expressly excluded from the scope of intellectual property right service, which covered only rights recognised under Indian law. Royalties for a non-exclusive licence to pre-install and sub-license Microsoft operating software therefore concerned copyright exploitation rather than taxable intellectual property rights. Commercial use of information technology software became separately taxable only from 16 May 2008. Extended limitation could not apply where departmental audit and correspondence established knowledge of the activity, and reverse-charge tax would have been available as CENVAT credit, supporting revenue neutrality and absence of intent to evade.
Copyright was expressly excluded from the scope of intellectual property right service, which covered only rights recognised under Indian law. Royalties for a non-exclusive licence to pre-install and sub-license Microsoft operating software therefore concerned copyright exploitation rather than taxable intellectual property rights. Commercial use of information technology software became separately taxable only from 16 May 2008. Extended limitation could not apply where departmental audit and correspondence established knowledge of the activity, and reverse-charge tax would have been available as CENVAT credit, supporting revenue neutrality and absence of intent to evade.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4800
Join Channel
TaxTMI 
