Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
Offshore principal-to-principal sales of CKD kits, raw materials, spare parts and CBU cars may fall outside Indian taxation where contracts are concluded abroad and no further sales activity occurs in India. Mere ownership of an Indian subsidiary does not create a fixed place permanent establishment where the foreign enterprise has no right to use its premises, no place of management there, and conducts no operations in India. An Indian entity acting only as a communication channel, without contract-concluding authority or habitual order securing role, is not a dependent agent. In the absence of a permanent establishment, no profits are attributable to India under the treaty.
Offshore principal-to-principal sales of CKD kits, raw materials, spare parts and CBU cars may fall outside Indian taxation where contracts are concluded abroad and no further sales activity occurs in India. Mere ownership of an Indian subsidiary does not create a fixed place permanent establishment where the foreign enterprise has no right to use its premises, no place of management there, and conducts no operations in India. An Indian entity acting only as a communication channel, without contract-concluding authority or habitual order securing role, is not a dependent agent. In the absence of a permanent establishment, no profits are attributable to India under the treaty.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
