Cash routed to non-existent firm deemed proceeds of crime; laundered funds and properties attachable, provisional attachments confirmed; two accounts ...
Continuation of Section 73 service-tax proceedings after provider's death (construing s.65(7)) - held to abate; posthumous OIO and recoveries invalida...
Reinsurance premiums from Indian cedants were held not taxable in India where the arrangement did not create a business connection under domestic law nor a permanent establishment under the India-Germany DTAA; the India branch is part of the foreign enterprise, not an agent, and was not involved in direct business so no direct-business income is attributable to it. Payments from the branch to head office for IT and management costs were held not taxable as FTS and not attributable under the attribution rule for a PE. AO directed to recompute MAT properly from returned business loss. Interest on tax refund limited to the treaty interest rate; surcharge and cess deleted.
Reinsurance premiums from Indian cedants were held not taxable in India where the arrangement did not create a business connection under domestic law nor a permanent establishment under the India-Germany DTAA; the India branch is part of the foreign enterprise, not an agent, and was not involved in direct business so no direct-business income is attributable to it. Payments from the branch to head office for IT and management costs were held not taxable as FTS and not attributable under the attribution rule for a PE. AO directed to recompute MAT properly from returned business loss. Interest on tax refund limited to the treaty interest rate; surcharge and cess deleted.
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