Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
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...
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The ITAT affirmed the appellate authority's decision, holding that the taxpayer's receipts from international carriage of passengers and cargo, including services performed entirely by third-party carriers pursuant to code-sharing arrangements, constitute "operation of aircraft in international traffic" within the meaning of Article 8 of the India-US DTAA and are exempt from Indian taxation. The Tribunal applied the coordinate-bench precedent for the relevant assessment year, finding no material change in facts or law and no persuasive revenue evidence to the contrary. Because the entire receipts were held exempt under Article 8, subsidiary contentions regarding Article 8(2)(a) and Article 8(4) were declared academic.
The ITAT affirmed the appellate authority's decision, holding that the taxpayer's receipts from international carriage of passengers and cargo, including services performed entirely by third-party carriers pursuant to code-sharing arrangements, constitute "operation of aircraft in international traffic" within the meaning of Article 8 of the India-US DTAA and are exempt from Indian taxation. The Tribunal applied the coordinate-bench precedent for the relevant assessment year, finding no material change in facts or law and no persuasive revenue evidence to the contrary. Because the entire receipts were held exempt under Article 8, subsidiary contentions regarding Article 8(2)(a) and Article 8(4) were declared academic.
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