Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
TDS on cross border service charges was examined as fees for technical services under the India-Singapore DTAA, which, if more beneficial, prevails and renders the impugned TDS liability unsustainable. The High Court held that the Assessing Officer (TDS) may independently initiate proceedings treating a payer as an assessee in default, regardless of a concurrent scrutiny assessment under Section 143(3); such proceedings are separate and can impose interest and penalty. However, the AO(TDS) wrongly disregarded DTAA applicability and relied on invoice descriptions; consequently the order declaring the petitioner an assessee in default was quashed and set aside.
TDS on cross border service charges was examined as fees for technical services under the India-Singapore DTAA, which, if more beneficial, prevails and renders the impugned TDS liability unsustainable. The High Court held that the Assessing Officer (TDS) may independently initiate proceedings treating a payer as an assessee in default, regardless of a concurrent scrutiny assessment under Section 143(3); such proceedings are separate and can impose interest and penalty. However, the AO(TDS) wrongly disregarded DTAA applicability and relied on invoice descriptions; consequently the order declaring the petitioner an assessee in default was quashed and set aside.
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