Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
Whether a portion of consideration paid under a global partnership agreement for on-ground advertising and the right to use event-related marks constituted "royalty" under s.195 read with the Indo-Singapore DTAA was determined by construing the agreement as creating a substantive licence to use the relevant trademark worldwide across "advertising material" in any medium. The payer's own admissions and contemporaneous correspondence showed trademark use could not be treated as merely incidental to advertising. Since the apportionment of the composite consideration into advertising (2/3) and trademark licence (1/3) was not substantially disputed, treating 1/3 as royalty and requiring withholding tax at 15% on that portion was upheld. - HC
Whether a portion of consideration paid under a global partnership agreement for on-ground advertising and the right to use event-related marks constituted "royalty" under s.195 read with the Indo-Singapore DTAA was determined by construing the agreement as creating a substantive licence to use the relevant trademark worldwide across "advertising material" in any medium. The payer's own admissions and contemporaneous correspondence showed trademark use could not be treated as merely incidental to advertising. Since the apportionment of the composite consideration into advertising (2/3) and trademark licence (1/3) was not substantially disputed, treating 1/3 as royalty and requiring withholding tax at 15% on that portion was upheld. - HC
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