Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
The assessing officer (AO) exceeded jurisdiction by reclassifying income as fees for technical services (FTS) instead of royalty, contrary to the limited remand order from the Tribunal. The Tribunal's remand was restricted to examining chargeability under the Act/DTAA as royalty, not FTS. The AO should have sought an open remand from the Tribunal to consider FTS taxation. An AO cannot go beyond a limited remand's scope and examine matters outside the appeal's subject matter, affirmed in S.P. Kochhar and Bhagwandas Associates cases. The impugned addition was deleted on technical grounds as the AO overstepped the Tribunal's limited directions by taxing income as FTS instead of examining royalty chargeability per the remand order.
The assessing officer (AO) exceeded jurisdiction by reclassifying income as fees for technical services (FTS) instead of royalty, contrary to the limited remand order from the Tribunal. The Tribunal's remand was restricted to examining chargeability under the Act/DTAA as royalty, not FTS. The AO should have sought an open remand from the Tribunal to consider FTS taxation. An AO cannot go beyond a limited remand's scope and examine matters outside the appeal's subject matter, affirmed in S.P. Kochhar and Bhagwandas Associates cases. The impugned addition was deleted on technical grounds as the AO overstepped the Tribunal's limited directions by taxing income as FTS instead of examining royalty chargeability per the remand order.
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