Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Taxability of income in India - Proof of residence - assessee is a non-resident corporate entity incorporated under laws of Mauritius - The Tribunal held that the documentary evidence (TRC, Global Business License) supports the claim under Article 13(4) of the DTAA. The AO did not conclusively prove that control and management were outside Mauritius. The SEBI’s recognition of the assessee as a Foreign Venture Capital Investor and continuous investment activity in India strengthen the claim of genuine business operations. The Tribunal highlighted the sanctity of the TRC and previous rulings that support its acceptance as proof of residence and entitlement to treaty benefits. - The Tribunal directed the deletion of additions made by the AO, asserting the assessee’s entitlement to exemption under Article 13(4) of the India-Mauritius DTAA for LTCG derived from shares acquired before April 1, 2017.
Taxability of income in India - Proof of residence - assessee is a non-resident corporate entity incorporated under laws of Mauritius - The Tribunal held that the documentary evidence (TRC, Global Business License) supports the claim under Article 13(4) of the DTAA. The AO did not conclusively prove that control and management were outside Mauritius. The SEBI’s recognition of the assessee as a Foreign Venture Capital Investor and continuous investment activity in India strengthen the claim of genuine business operations. The Tribunal highlighted the sanctity of the TRC and previous rulings that support its acceptance as proof of residence and entitlement to treaty benefits. - The Tribunal directed the deletion of additions made by the AO, asserting the assessee’s entitlement to exemption under Article 13(4) of the India-Mauritius DTAA for LTCG derived from shares acquired before April 1, 2017.
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