Donor-directed corpus contributions retain capital character despite exemption claims under section 10(23C)(vi), preventing their treatment as taxable...
Enhanced tax-audit threshold applies where banking records establish compliant non-cash receipts and payments, eliminating penalty exposure for audit ...
Transfer pricing consistency protects identical non-interest-bearing debenture terms from a later notional-interest adjustment without valid statutory...
Rectification of debatable deduction claims cannot reverse scrutiny-approved co-operative society interest income deductions as apparent record errors...
Cash-method accounting bars presumptive interest taxation, while unsupported securities and share-trading additions require reliable material and veri...
Entitlement to Nil/lower rate withholding tax certificate u/s 197 - Absence of a Permanent Establishment (PE). - The High Court found that the assistance and training provided by SFDC Ireland were ancillary to the sale of its products and did not constitute the provision of technical services as defined under the DTAA. - The judgment clarified that the payments made to SFDC Ireland were for the purchase of software products for resale by SFDC India and not for the provision of technical services. The court emphasized that the technical support and training offered were related to the usage of these products and did not amount to FTS. - Matter restored back for fresh consideration.
Entitlement to Nil/lower rate withholding tax certificate u/s 197 - Absence of a Permanent Establishment (PE). - The High Court found that the assistance and training provided by SFDC Ireland were ancillary to the sale of its products and did not constitute the provision of technical services as defined under the DTAA. - The judgment clarified that the payments made to SFDC Ireland were for the purchase of software products for resale by SFDC India and not for the provision of technical services. The court emphasized that the technical support and training offered were related to the usage of these products and did not amount to FTS. - Matter restored back for fresh consideration.
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