Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Receipts from India for satellite transmission services were assessed as "process royalty" and "equipment royalty" under s. 9(1)(vi) and Article 12 of the India-Hong Kong DTAA. The tribunal held that a DTAA, being akin to negotiated legislation, cannot be unilaterally widened by subsequent domestic-law amendments; where the DTAA defines "royalty" more narrowly, the Revenue cannot superimpose the expanded domestic definition to defeat treaty protection. Applying Article 12, the fees for satellite transmission services were held not to constitute "royalty", and by virtue of s. 90(2), the more beneficial treaty provision prevailed, resulting in deletion of the royalty characterization and relief to the assessee - ITAT
Receipts from India for satellite transmission services were assessed as "process royalty" and "equipment royalty" under s. 9(1)(vi) and Article 12 of the India-Hong Kong DTAA. The tribunal held that a DTAA, being akin to negotiated legislation, cannot be unilaterally widened by subsequent domestic-law amendments; where the DTAA defines "royalty" more narrowly, the Revenue cannot superimpose the expanded domestic definition to defeat treaty protection. Applying Article 12, the fees for satellite transmission services were held not to constitute "royalty", and by virtue of s. 90(2), the more beneficial treaty provision prevailed, resulting in deletion of the royalty characterization and relief to the assessee - ITAT
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