Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
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.
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