Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
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Taxability of income in India - deduction with respect to salaries paid by appellant in foreign currency outside India to expatriates working in India - Indo-Japan tax treaty. Following Emirates Commercial Bank Ltd. and Supreme Court's view in Goetze (India) Ltd., exception carved out for statutory prohibition of deduction claimed outside Return of Income not applicable in case of Tribunal or Court direction. HC quashed order denying relief to petitioner regarding deductions liable pursuant to Tribunal order.
Taxability of income in India - deduction with respect to salaries paid by appellant in foreign currency outside India to expatriates working in India - Indo-Japan tax treaty. Following Emirates Commercial Bank Ltd. and Supreme Court's view in Goetze (India) Ltd., exception carved out for statutory prohibition of deduction claimed outside Return of Income not applicable in case of Tribunal or Court direction. HC quashed order denying relief to petitioner regarding deductions liable pursuant to Tribunal order.
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