Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
TDS u/s 195 - payment received for interconnect usage charges - transaction with non-treaty country - The assessee contested the taxability of these payments as "royalty" and argued for the consideration of DTAA provisions. The Tribunal following the decision of the High Court's judgment, clarified that DTAA can indeed be considered in such proceedings and that amendments to the Income Tax Act do not automatically amend DTAA provisions. The ITAT further held that payments made to non-resident telecom operators for interconnect services are not taxable as royalty. Additionally, it affirmed that Income Tax Authorities lack jurisdiction to tax income arising from extraterritorial sources.
TDS u/s 195 - payment received for interconnect usage charges - transaction with non-treaty country - The assessee contested the taxability of these payments as "royalty" and argued for the consideration of DTAA provisions. The Tribunal following the decision of the High Court's judgment, clarified that DTAA can indeed be considered in such proceedings and that amendments to the Income Tax Act do not automatically amend DTAA provisions. The ITAT further held that payments made to non-resident telecom operators for interconnect services are not taxable as royalty. Additionally, it affirmed that Income Tax Authorities lack jurisdiction to tax income arising from extraterritorial sources.
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