Imported analyser diagnostic cartridges treated as accessories with analyser system, not standalone diagnostic reagents; extended limitation and penal...
Steel-timber construction shuttering/formwork tariff classification dispute: essential character held steel, classified as shuttering under Heading 73...
Family-linked property purchases using fabricated loan agreements and benami-style arrangements held to be crime proceeds; attachment upheld, appeal d...
Excess DDT paid on dividend distributed to a foreign parent was held refundable/adjustable by applying the beneficial DTAA rate. Since the shareholder was the beneficial owner and tax resident of the treaty partner jurisdiction, section 90(2) mandated application of Article 10 limiting tax on dividends to 10%, overriding the higher domestic rate charged under section 115-O. The plea that the return-filing utility did not permit claiming the treaty rate was accepted in principle, relying on the duty of the tax administration to facilitate compliance rather than defeat lawful claims through technical hurdles. The AO was directed to apply 10% and grant consequential relief. - ITAT
Excess DDT paid on dividend distributed to a foreign parent was held refundable/adjustable by applying the beneficial DTAA rate. Since the shareholder was the beneficial owner and tax resident of the treaty partner jurisdiction, section 90(2) mandated application of Article 10 limiting tax on dividends to 10%, overriding the higher domestic rate charged under section 115-O. The plea that the return-filing utility did not permit claiming the treaty rate was accepted in principle, relying on the duty of the tax administration to facilitate compliance rather than defeat lawful claims through technical hurdles. The AO was directed to apply 10% and grant consequential relief. - ITAT
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