Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
HC held that the plea of want of territorial jurisdiction was untenable and declined to apply forum conveniens to oust constitutionally conferred jurisdiction where nexus exists between the cause of action and the Court. On merits, the Court found no subsisting show-cause notice or cognizable offence; proceedings pursuant to the 2016 SCN were dropped and the Order in Original in favour of the petitioner, upheld by CESTAT, remains operable without any stay. The HC further recorded absence of evidence that the petitioner was informed of any LOC and noted renunciation of Indian citizenship predated the first LOC. Subject to the petitioner filing an affidavit undertaking to cooperate and produce documents, the impugned LOC is quashed and the petition is disposed.
HC held that the plea of want of territorial jurisdiction was untenable and declined to apply forum conveniens to oust constitutionally conferred jurisdiction where nexus exists between the cause of action and the Court. On merits, the Court found no subsisting show-cause notice or cognizable offence; proceedings pursuant to the 2016 SCN were dropped and the Order in Original in favour of the petitioner, upheld by CESTAT, remains operable without any stay. The HC further recorded absence of evidence that the petitioner was informed of any LOC and noted renunciation of Indian citizenship predated the first LOC. Subject to the petitioner filing an affidavit undertaking to cooperate and produce documents, the impugned LOC is quashed and the petition is disposed.
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