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 ruled that for Section 201(1) proceedings the statutory six-year period (adopted as the reasonable yardstick) governs the limitation inquiry, rejecting a blanket seven-year or one-size-fits-all approach and criticizing Revenue delay. Applying the six-year reckoning, the order for AY 2010-11 was set aside as time-barred; the order for AY 2011-12 was held valid as within the limitation period; orders for the remaining assessment years (subsequent four years) were set aside for being passed beyond six years. The court therefore quashed time-barred Section 201 orders and upheld only the order falling within the six-year limitation.
The HC ruled that for Section 201(1) proceedings the statutory six-year period (adopted as the reasonable yardstick) governs the limitation inquiry, rejecting a blanket seven-year or one-size-fits-all approach and criticizing Revenue delay. Applying the six-year reckoning, the order for AY 2010-11 was set aside as time-barred; the order for AY 2011-12 was held valid as within the limitation period; orders for the remaining assessment years (subsequent four years) were set aside for being passed beyond six years. The court therefore quashed time-barred Section 201 orders and upheld only the order falling within the six-year limitation.
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