Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Taxability of capital gains arising on sale of equity shares/CCDs by a Singaporeincorporated subsidiary was examined under the India-Singapore DTAA. The tribunal found the entity to be a shell/conduit lacking commercial substance-no office, employees, or operating costs-and held that mere possession of a tax residency certificate is insufficient. Applying the substanceoverform approach, the limitationonbenefits (LOB) provision was attracted, denying treaty relief. Consequentially, the capital gains were held taxable in India under the source rule and treaty benefits under the India-Singapore DTAA were disallowed.
Taxability of capital gains arising on sale of equity shares/CCDs by a Singaporeincorporated subsidiary was examined under the India-Singapore DTAA. The tribunal found the entity to be a shell/conduit lacking commercial substance-no office, employees, or operating costs-and held that mere possession of a tax residency certificate is insufficient. Applying the substanceoverform approach, the limitationonbenefits (LOB) provision was attracted, denying treaty relief. Consequentially, the capital gains were held taxable in India under the source rule and treaty benefits under the India-Singapore DTAA were disallowed.
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