Supervisory permanent establishment requires project-wise duration and qualifying construction nexus; offshore supplies and salary reimbursements rema...
Transfer-pricing comparability permits fresh objections and filters where software service comparables are functionally unsuitable for arm's-length pr...
Territorial rendering requirement excludes China-based management and consultancy services from fees for technical services under the India-China DTAA...
The HC dismissed a writ petition challenging the interpretation of Rule 3 of the Goods and Services Tax Appellate Tribunal (Appointment and Conditions of Services of President and Members) Rules, 2023. The petitioner contested the reconstituted Search-cum-Selection Committee's decision to restart the appointment process de novo after some members demitted office. The HC held that Rule 3 does not expressly restrict the reconstituted Committee's procedures, and the phrase "as it may deem fit" must be construed pragmatically to achieve the statutory objective. The Court found no illegality in the Committee's decision to scrutinize applications afresh based on Intelligence Bureau inputs, emphasizing that appointments to judicial positions require high integrity and suitability standards.
The HC dismissed a writ petition challenging the interpretation of Rule 3 of the Goods and Services Tax Appellate Tribunal (Appointment and Conditions of Services of President and Members) Rules, 2023. The petitioner contested the reconstituted Search-cum-Selection Committee's decision to restart the appointment process de novo after some members demitted office. The HC held that Rule 3 does not expressly restrict the reconstituted Committee's procedures, and the phrase "as it may deem fit" must be construed pragmatically to achieve the statutory objective. The Court found no illegality in the Committee's decision to scrutinize applications afresh based on Intelligence Bureau inputs, emphasizing that appointments to judicial positions require high integrity and suitability standards.
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