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...
Rectification application u/s 254 - Tribunal not followed the decision on the identical facts by the Coordinate Bench which is confirmed by this Court - The Court emphasized the principle of judicial consistency and the hierarchical nature of judicial decisions, reiterating that lower tribunals are bound by the decisions of their supervisory jurisdictions. As such, ignoring these precedents constituted a mistake apparent from the record, necessitating a review and correction of the Tribunal's decision. The Court remanded the case back to the Tribunal, directing it to amend its decision in alignment with the precedents highlighted by the petitioner.
Rectification application u/s 254 - Tribunal not followed the decision on the identical facts by the Coordinate Bench which is confirmed by this Court - The Court emphasized the principle of judicial consistency and the hierarchical nature of judicial decisions, reiterating that lower tribunals are bound by the decisions of their supervisory jurisdictions. As such, ignoring these precedents constituted a mistake apparent from the record, necessitating a review and correction of the Tribunal's decision. The Court remanded the case back to the Tribunal, directing it to amend its decision in alignment with the precedents highlighted by the petitioner.
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TaxTMI 
TaxTMI 
of 4886 
