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...
Whether payments to distributors for pre-paid products attracted TDS under Section 194H - applying the Supreme Court's restricted construction of "agent" (limited to persons able to affect the principal's legal position by contract or disposition of property and assessed by the indicia in para 8), the relationship was not that of an agent within Explanation (i) to Section 194H; reasoning distinguishing principal-agent from master-servant and emphasizing contract/disposition indicia. Consequence: no legal obligation to deduct TDS on the discount/income element received by distributors; Section 194H held inapplicable - decision for the assessee. - ITAT
Whether payments to distributors for pre-paid products attracted TDS under Section 194H - applying the Supreme Court's restricted construction of "agent" (limited to persons able to affect the principal's legal position by contract or disposition of property and assessed by the indicia in para 8), the relationship was not that of an agent within Explanation (i) to Section 194H; reasoning distinguishing principal-agent from master-servant and emphasizing contract/disposition indicia. Consequence: no legal obligation to deduct TDS on the discount/income element received by distributors; Section 194H held inapplicable - decision for the assessee. - ITAT
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