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...
Whether a dependent agent constituted a permanent establishment: the tribunal examined the distribution agreement and found express clauses denying authority to bind the principal, independent purchase/resale on FOB terms, entrepreneurial, inventory and credit risk borne by the local distributor, and absence of evidence that the distributor habitually concluded contracts, maintained stock or secured orders for the foreign enterprise; therefore no Agency PE arose and attribution of 35% of offshore sales to India was rejected. Whether payments to the distributor constituted fees for technical/managerial services: the tribunal held the assessees' provision of software, web/cloud services, training and managerial support fell within "managerial/technical" services under Article 13 and sustained taxation as FTS. - ITAT
Whether a dependent agent constituted a permanent establishment: the tribunal examined the distribution agreement and found express clauses denying authority to bind the principal, independent purchase/resale on FOB terms, entrepreneurial, inventory and credit risk borne by the local distributor, and absence of evidence that the distributor habitually concluded contracts, maintained stock or secured orders for the foreign enterprise; therefore no Agency PE arose and attribution of 35% of offshore sales to India was rejected. Whether payments to the distributor constituted fees for technical/managerial services: the tribunal held the assessees' provision of software, web/cloud services, training and managerial support fell within "managerial/technical" services under Article 13 and sustained taxation as FTS. - ITAT
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