Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
The High Court addressed the issue of royalty payment in a case where the ITAT partly allowed the appeal, ruling that the assessee was not required to deduct tax at 20% for certain payments. The court held that expenses incurred in Russia for technical purposes did not constitute royalty as the information gathered was not conveyed to the assessee. The court noted that possession and control of rights, property, or information by the payer were essential for royalty, which was not the case here. The technical documentation prepared in Russia was to be handed over to Russia, not the assessee, making it ineligible for royalty classification. The court concluded that the ITAT's decision was lawful and correctly interpreted the law.
The High Court addressed the issue of royalty payment in a case where the ITAT partly allowed the appeal, ruling that the assessee was not required to deduct tax at 20% for certain payments. The court held that expenses incurred in Russia for technical purposes did not constitute royalty as the information gathered was not conveyed to the assessee. The court noted that possession and control of rights, property, or information by the payer were essential for royalty, which was not the case here. The technical documentation prepared in Russia was to be handed over to Russia, not the assessee, making it ineligible for royalty classification. The court concluded that the ITAT's decision was lawful and correctly interpreted the law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4918 
