Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Guarantee commission received from Indian subsidiaries for bearing default risk was held to accrue/arise in India under Explanation 1(a) to s.9(1)(i), rejecting its characterization as "interest" under Art.11 or "other income" under Art.22 of the India-Japan DTAA; consequently, it was treated as taxable in India on domestic law accrual principles. However, since the authorities had not examined whether the recipient carried on a guarantee business so that the receipt could constitute "business profits," the matter was remitted to the AO to test Art.7 applicability, in which event absence of a PE would render it non-taxable. Applying consistency, the rate was directed at 10% (not 40%) with credit for TDS. - ITAT
Guarantee commission received from Indian subsidiaries for bearing default risk was held to accrue/arise in India under Explanation 1(a) to s.9(1)(i), rejecting its characterization as "interest" under Art.11 or "other income" under Art.22 of the India-Japan DTAA; consequently, it was treated as taxable in India on domestic law accrual principles. However, since the authorities had not examined whether the recipient carried on a guarantee business so that the receipt could constitute "business profits," the matter was remitted to the AO to test Art.7 applicability, in which event absence of a PE would render it non-taxable. Applying consistency, the rate was directed at 10% (not 40%) with credit for TDS. - ITAT
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