Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Question whether fees for technical services paid to a foreign resident are taxable in India turns on the source of income (where the contract was negotiated and executed), not merely receipt in India; factual dispute exists whether an Indian purchase order reflects an Indian source or whether the contract and performance were effected by an overseas branch, and the assessee failed to place conclusive evidence. The assessee bears the primary onus to prove entitlement to exemption and must produce cogent evidence. Matter remanded to the assessing officer for de novo reassessment and re examination of evidence.
Question whether fees for technical services paid to a foreign resident are taxable in India turns on the source of income (where the contract was negotiated and executed), not merely receipt in India; factual dispute exists whether an Indian purchase order reflects an Indian source or whether the contract and performance were effected by an overseas branch, and the assessee failed to place conclusive evidence. The assessee bears the primary onus to prove entitlement to exemption and must produce cogent evidence. Matter remanded to the assessing officer for de novo reassessment and re examination of evidence.
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