Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
TDS u/s 195 - payments made to its Non-Resident Telecom Operators (NTOs) for provision of bandwidth capacity and provision of interconnect services - The Tribunal referred to previous proceedings involving the payer (the domestic entity making the payments), where it was initially held that the payments constituted Royalty/FTS and were taxable under section 9 of the Act. However, this decision was later overturned by the jurisdictional High Court, which ruled that the payments were not Royalty/FTS. Relying on the High Court's judgment, the Tribunal concluded that the payments could not be taxed in the hands of the assessee under section 9 of the Act or the relevant DTAA. Therefore, the CIT(A)’s decision to allow the appeal of the assessee was upheld.
TDS u/s 195 - payments made to its Non-Resident Telecom Operators (NTOs) for provision of bandwidth capacity and provision of interconnect services - The Tribunal referred to previous proceedings involving the payer (the domestic entity making the payments), where it was initially held that the payments constituted Royalty/FTS and were taxable under section 9 of the Act. However, this decision was later overturned by the jurisdictional High Court, which ruled that the payments were not Royalty/FTS. Relying on the High Court's judgment, the Tribunal concluded that the payments could not be taxed in the hands of the assessee under section 9 of the Act or the relevant DTAA. Therefore, the CIT(A)’s decision to allow the appeal of the assessee was upheld.
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