Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
The SC dismissed the SLP challenging the ITAT's decision that DTAA benefits apply in proceedings under section 201 of the Act, affirming that payments made to a foreign entity for interconnectivity charges do not constitute royalty, FTS, or business profits taxable in India. The court held that as the facilities are located outside India and the agreement is with a Belgium entity lacking Indian presence, Indian tax authorities lack jurisdiction to tax income from extraterritorial sources. The assessee is not required to perform the impossible by disregarding DTAA provisions. Pending applications were disposed of accordingly.
The SC dismissed the SLP challenging the ITAT's decision that DTAA benefits apply in proceedings under section 201 of the Act, affirming that payments made to a foreign entity for interconnectivity charges do not constitute royalty, FTS, or business profits taxable in India. The court held that as the facilities are located outside India and the agreement is with a Belgium entity lacking Indian presence, Indian tax authorities lack jurisdiction to tax income from extraterritorial sources. The assessee is not required to perform the impossible by disregarding DTAA provisions. Pending applications were disposed of accordingly.
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