Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
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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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