Related-party creditor exclusion bars CoC participation where lender rights show policy-making involvement, and post-CIRP assignment cannot cure ineli...
Rectification of apparent typographical errors may proceed without hearing when tax liability, input tax credit, and ruling substance remain unchanged...
Equity-oriented mutual-fund units are legally distinct from shares; their sale or redemption therefore does not constitute alienation of shares under Article 13(3A) of the India-Mauritius DTAA. Capital gains from redemption of those units fall outside that provision. A Tax Residence Certificate is an eligibility condition for treaty relief but is not conclusive where the anti-abuse framework applies. Revenue may examine commercial substance, management, decision-making and potential treaty abuse, while bearing the burden of proving abuse. As the taxpayer lacked an effective opportunity to address the material and proposed inquiry, treaty entitlement and applicability of Article 27A require fresh adjudication consistent with natural justice.
Equity-oriented mutual-fund units are legally distinct from shares; their sale or redemption therefore does not constitute alienation of shares under Article 13(3A) of the India-Mauritius DTAA. Capital gains from redemption of those units fall outside that provision. A Tax Residence Certificate is an eligibility condition for treaty relief but is not conclusive where the anti-abuse framework applies. Revenue may examine commercial substance, management, decision-making and potential treaty abuse, while bearing the burden of proving abuse. As the taxpayer lacked an effective opportunity to address the material and proposed inquiry, treaty entitlement and applicability of Article 27A require fresh adjudication consistent with natural justice.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
