Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
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Dominant issue: whether capital gains on sale of shares held by Mauritius-incorporated companies are taxable in India given residence, treaty relief and anti-avoidance rules. The Court found prima facie that effective management/residence and Article 13's scope were contestable and that the transactions lacked commercial substance; GAAR (and alternatively JAAR/substance-over-form) could pierce the structure. Reasoning: documentary timeline, board approvals post cut-off, contra-factual tax positions and burden shift under Section 96(2) established a prima facie tax-avoidance scheme. Outcome: applications to AAR were correctly rejected under proviso (iii) to Section 245R(2); capital gains on transfers after 01.04.2017 are taxable in India and Chapter X-A applies. - SC
Dominant issue: whether capital gains on sale of shares held by Mauritius-incorporated companies are taxable in India given residence, treaty relief and anti-avoidance rules. The Court found prima facie that effective management/residence and Article 13's scope were contestable and that the transactions lacked commercial substance; GAAR (and alternatively JAAR/substance-over-form) could pierce the structure. Reasoning: documentary timeline, board approvals post cut-off, contra-factual tax positions and burden shift under Section 96(2) established a prima facie tax-avoidance scheme. Outcome: applications to AAR were correctly rejected under proviso (iii) to Section 245R(2); capital gains on transfers after 01.04.2017 are taxable in India and Chapter X-A applies. - SC
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