Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
Nature-dependent electricity contracts receive new Ind AS accounting, hedge designation, transition and financial-statement disclosure requirements fr...
Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit d...
Assessment against deceased sole proprietor requires proceedings against the legal representative, rendering prior assessment and appellate orders inv...
Residential waste collection classification under SAC 999423 defeats composite-supply exemption where facilitating goods are not transferred to the lo...
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The Income Tax Appellate Tribunal held that the payments received by the assessee, a foreign resident without a permanent establishment in India, for providing offshore services vessels on hire were business receipts not taxable in India under the applicable Double Taxation Avoidance Agreement. The Tribunal rejected the tax authorities' reliance on Section 44BB of the Income Tax Act and the assessee's prior application for a lower withholding tax certificate, stating that the taxability of such receipts cannot be determined based solely on these factors. The Tribunal emphasized that the assessee's income cannot be taxed in India merely because it sought a lower withholding tax certificate, as determination of tax liability must be based on legal provisions, not unilateral concessions.
The Income Tax Appellate Tribunal held that the payments received by the assessee, a foreign resident without a permanent establishment in India, for providing offshore services vessels on hire were business receipts not taxable in India under the applicable Double Taxation Avoidance Agreement. The Tribunal rejected the tax authorities' reliance on Section 44BB of the Income Tax Act and the assessee's prior application for a lower withholding tax certificate, stating that the taxability of such receipts cannot be determined based solely on these factors. The Tribunal emphasized that the assessee's income cannot be taxed in India merely because it sought a lower withholding tax certificate, as determination of tax liability must be based on legal provisions, not unilateral concessions.
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