Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Customs jurisdiction defined for Principal Commissioner, Vishakhapatnam, covering specified ports, districts and India's adjacent EEZ; effective on pu...
Application for a certificate at nil tax rate was directed to be granted on treaty-based grounds, holding that the competent authority must decide under domestic law while giving due regard to the India-USA tax treaty and must not be driven by revenue targets; the impugned refusal was quashed and a nil-rate certificate ordered within 15 days. Future-year certificates must be issued within 30 days of application unless the authority records a finding of a Permanent Establishment after issuing notice; applicants must disclose all material facts and cooperate with any PE inquiry.
Application for a certificate at nil tax rate was directed to be granted on treaty-based grounds, holding that the competent authority must decide under domestic law while giving due regard to the India-USA tax treaty and must not be driven by revenue targets; the impugned refusal was quashed and a nil-rate certificate ordered within 15 days. Future-year certificates must be issued within 30 days of application unless the authority records a finding of a Permanent Establishment after issuing notice; applicants must disclose all material facts and cooperate with any PE inquiry.
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