Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
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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