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...
Writ petitions challenged the 4% withholding tax rate u/s 195 on receipts asserted as business income u/s 9(1)(i), despite the petitioner having withheld tax at 1.5%. The Court noted the profit attribution rate of 26% was not disputed and that a 1.04% withholding rate would correspond to this rate. As the withholding rate exceeding 1.04% was not seriously questioned, the Court found itself unable to sustain the 4% rate. The withholding tax rate for other years would be decided independently. Since the orders were limited to adjudication u/s 197, all rights and contentions on merits are kept open for regular assessment proceedings.
Writ petitions challenged the 4% withholding tax rate u/s 195 on receipts asserted as business income u/s 9(1)(i), despite the petitioner having withheld tax at 1.5%. The Court noted the profit attribution rate of 26% was not disputed and that a 1.04% withholding rate would correspond to this rate. As the withholding rate exceeding 1.04% was not seriously questioned, the Court found itself unable to sustain the 4% rate. The withholding tax rate for other years would be decided independently. Since the orders were limited to adjudication u/s 197, all rights and contentions on merits are kept open for regular assessment proceedings.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
