International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
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Rejection of an application for a withholding tax certificate resulted in the High Court holding that the Competent Authority acted arbitrarily by issuing a certificate at 15% despite existing binding precedent favouring nil withholding; the authority cannot depart from the court's settled view unless factual differences or new information justify a contrary conclusion. The court criticised delay in deciding the Section 197 application beyond the statutory period, observed that such delay frustrates the statutory purpose of preserving cash flow and avoiding interest on refunds, set aside the impugned order and directed issuance of a nil-rate certificate within 15 days.
Rejection of an application for a withholding tax certificate resulted in the High Court holding that the Competent Authority acted arbitrarily by issuing a certificate at 15% despite existing binding precedent favouring nil withholding; the authority cannot depart from the court's settled view unless factual differences or new information justify a contrary conclusion. The court criticised delay in deciding the Section 197 application beyond the statutory period, observed that such delay frustrates the statutory purpose of preserving cash flow and avoiding interest on refunds, set aside the impugned order and directed issuance of a nil-rate certificate within 15 days.
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