Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
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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