Membership-consent thresholds for oppression petitions are satisfied by unchallenged voter-list consents, while unsupported forgery claims require pro...
Juridical seat versus arbitral venue determines supervisory court jurisdiction, while timely award challenges remain within the prescribed limitation ...
Dividend distribution tax on dividends paid to a Netherlands-resident shareholder raises the question whether the lower India-Netherlands DTAA rate overrides the domestic rate under Section 115-O. Although High Court authority supported treaty-rate application, the issue was pending before the Supreme Court, which had advised High Courts to consider stays in matters involving the same controversy. Applying judicial discipline, the Tribunal declined to decide the treaty-rate claim pending Supreme Court adjudication. The appellate order was set aside and remanded for fresh adjudication in line with the Supreme Court's eventual decision.
Dividend distribution tax on dividends paid to a Netherlands-resident shareholder raises the question whether the lower India-Netherlands DTAA rate overrides the domestic rate under Section 115-O. Although High Court authority supported treaty-rate application, the issue was pending before the Supreme Court, which had advised High Courts to consider stays in matters involving the same controversy. Applying judicial discipline, the Tribunal declined to decide the treaty-rate claim pending Supreme Court adjudication. The appellate order was set aside and remanded for fresh adjudication in line with the Supreme Court's eventual decision.
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TaxTMI 
TaxTMI 
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