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...
HC allowed the writ petition challenging Commissioner's order under Section 264. Prior amendment of Return of Income was not mandatory before filing revision application. Commissioner failed to consider DTAA provisions and "make available" clause for determining royalty payments. Following Vijay Gupta and Interglobe Enterprises precedents, Court held that taxpayers can rectify earlier mistaken positions through Section 264, even for suo moto disallowances made under incorrect interpretation. Tax liability exists only for income chargeable under the Act. Commissioner directed to reconsider revision application examining DTAA implications and royalty characterization afresh, particularly the "make available" condition.
HC allowed the writ petition challenging Commissioner's order under Section 264. Prior amendment of Return of Income was not mandatory before filing revision application. Commissioner failed to consider DTAA provisions and "make available" clause for determining royalty payments. Following Vijay Gupta and Interglobe Enterprises precedents, Court held that taxpayers can rectify earlier mistaken positions through Section 264, even for suo moto disallowances made under incorrect interpretation. Tax liability exists only for income chargeable under the Act. Commissioner directed to reconsider revision application examining DTAA implications and royalty characterization afresh, particularly the "make available" condition.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
