Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Income from equipment rental sourced in India u/s 5(2) read with Section 9 of the Income Tax Act and Article 12 of India-Malaysia DTAA. DRP erred in ignoring exceptions under clause (iva) to explanation 2 to Section 9(1)(vi) while concluding receipts as royalty u/s 9(1)(vi) read with Section 115A. DRP also erred in holding Section 44BB applicable only if non-resident has PE in India, contrary to the provision's essence. Receipts offered to tax u/s 44BB upheld as per statutory provision. AO directed to compute income u/s 44BB for the assessment years. Assessee's appeal allowed.
Income from equipment rental sourced in India u/s 5(2) read with Section 9 of the Income Tax Act and Article 12 of India-Malaysia DTAA. DRP erred in ignoring exceptions under clause (iva) to explanation 2 to Section 9(1)(vi) while concluding receipts as royalty u/s 9(1)(vi) read with Section 115A. DRP also erred in holding Section 44BB applicable only if non-resident has PE in India, contrary to the provision's essence. Receipts offered to tax u/s 44BB upheld as per statutory provision. AO directed to compute income u/s 44BB for the assessment years. Assessee's appeal allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
