Supervisory permanent establishment requires project-wise duration and qualifying construction nexus; offshore supplies and salary reimbursements rema...
Transfer-pricing comparability permits fresh objections and filters where software service comparables are functionally unsuitable for arm's-length pr...
Territorial rendering requirement excludes China-based management and consultancy services from fees for technical services under the India-China DTAA...
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Fraudulent exports - Seeking to recover the drawback as well as seeking to impose penalties on all the noticees thereon - after about two years supplementary Show Cause Notices issued - The Tribunal observes that the re-issuance of Show Cause Notices in Category 1 Appeals, after the initial adjudication, lacks statutory backing. The Tribunal finds this action erroneous and legally unsustainable, ultimately leading to the allowance of these appeals. - Similarly, in Category 2 Appeals, tribunal concludes that the issuance of Show Cause Notices to the Appellants based on unrelated cases lacks legal merit, leading to the allowance of these appeals as well.
Fraudulent exports - Seeking to recover the drawback as well as seeking to impose penalties on all the noticees thereon - after about two years supplementary Show Cause Notices issued - The Tribunal observes that the re-issuance of Show Cause Notices in Category 1 Appeals, after the initial adjudication, lacks statutory backing. The Tribunal finds this action erroneous and legally unsustainable, ultimately leading to the allowance of these appeals. - Similarly, in Category 2 Appeals, tribunal concludes that the issuance of Show Cause Notices to the Appellants based on unrelated cases lacks legal merit, leading to the allowance of these appeals as well.
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