Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Applicability of reduced treaty rate to dividends: the tribunal applied the IndiaUK DTAA's lower dividend rate, relying on a recent Bombay HC precedent, and directed DDT to be charged at 10% with refund of excess DDT paid. Levy of postassessment interest after an advance pricing agreement: the tribunal found the incremental income crystallised only on signing the APA and therefore advance tax could not reasonably be paid earlier; it directed deletion and refund of additional interest levied. Short grant of TDS credit: the assessing officer is directed to verify and grant TDS credit as claimed in the modified return under applicable law.
Applicability of reduced treaty rate to dividends: the tribunal applied the IndiaUK DTAA's lower dividend rate, relying on a recent Bombay HC precedent, and directed DDT to be charged at 10% with refund of excess DDT paid. Levy of postassessment interest after an advance pricing agreement: the tribunal found the incremental income crystallised only on signing the APA and therefore advance tax could not reasonably be paid earlier; it directed deletion and refund of additional interest levied. Short grant of TDS credit: the assessing officer is directed to verify and grant TDS credit as claimed in the modified return under applicable law.
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