Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
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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