Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
The dominant issue was whether the foreign taxpayer had a PE/deemed PE in India under Article 5 of the India-UK DTAA so as to tax receipts from offshore supply of equipment and standard software. The Tribunal held that the burden to establish a PE lies on the AO, and a mere assumption without examining Article 5 conditions, identifying the alleged PE, or recording reasons does not discharge that onus; consequently, PE was not proved and PE-based taxation failed. It further held that where title transfer and consideration for offshore supply occur outside India and no related activities are carried out in India, such receipts are not taxable in India; accordingly, the offshore supply receipts were held not taxable in India. - ITAT
The dominant issue was whether the foreign taxpayer had a PE/deemed PE in India under Article 5 of the India-UK DTAA so as to tax receipts from offshore supply of equipment and standard software. The Tribunal held that the burden to establish a PE lies on the AO, and a mere assumption without examining Article 5 conditions, identifying the alleged PE, or recording reasons does not discharge that onus; consequently, PE was not proved and PE-based taxation failed. It further held that where title transfer and consideration for offshore supply occur outside India and no related activities are carried out in India, such receipts are not taxable in India; accordingly, the offshore supply receipts were held not taxable in India. - ITAT
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