Mark-to-Market losses on principal-protected debentures are deductible as business expenditure when the obligation is crystallized under mercantile ac...
Deferred Payment of Customs Duty extended to Eligible Manufacturer Importers with electronic registration and ICEGATE authentication for conditional c...
Tariff classification determines GST schedule and rate; beverages in Schedule III attract the higher rate, tea extracts and syrups in Schedule I attra...
Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
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Whether the revision under s.263 validly set aside the reassessment hinges on two issues: (1) whether s.40(a)(i) as applied led to discriminatory treatment contrary to Article 26(3) DTAA; the Tribunal held that 100% disallowance for non-resident payments versus 30% for residents constitutes less favorable treatment and thus breaches the non-discrimination clause, rendering full disallowance impermissible - outcome: 100% disallowance is discriminatory. (2) whether the AO's order was erroneous and prejudicial to revenue; because the AO applied a 30% disallowance consistent with the DTAA principle, the revisional jurisdiction under s.263 was not properly invoked - outcome: s.263 action set aside in favour of the assessee. - ITAT
Whether the revision under s.263 validly set aside the reassessment hinges on two issues: (1) whether s.40(a)(i) as applied led to discriminatory treatment contrary to Article 26(3) DTAA; the Tribunal held that 100% disallowance for non-resident payments versus 30% for residents constitutes less favorable treatment and thus breaches the non-discrimination clause, rendering full disallowance impermissible - outcome: 100% disallowance is discriminatory. (2) whether the AO's order was erroneous and prejudicial to revenue; because the AO applied a 30% disallowance consistent with the DTAA principle, the revisional jurisdiction under s.263 was not properly invoked - outcome: s.263 action set aside in favour of the assessee. - ITAT
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