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 transponder service fees constitute 'royalty' under Article 13 of the India-UK DTAA and attract withholding under domestic TDS law. Relying on binding High Court precedents, the treaty term 'process' must be read as 'secret process' and unilateral domestic statutory amendments cannot be imported into the DTAA; therefore payments for satellite transponder services are characterisable as consideration for services, not royalty. Consequence: no withholding obligation arose on the payer under the domestic TDS regime in respect of those transponder service fees.
Whether transponder service fees constitute 'royalty' under Article 13 of the India-UK DTAA and attract withholding under domestic TDS law. Relying on binding High Court precedents, the treaty term 'process' must be read as 'secret process' and unilateral domestic statutory amendments cannot be imported into the DTAA; therefore payments for satellite transponder services are characterisable as consideration for services, not royalty. Consequence: no withholding obligation arose on the payer under the domestic TDS regime in respect of those transponder service fees.
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