CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
Characterisation of cross-border software receipts and existence of a permanent establishment (PE) under the India Canada tax treaty were determinative. The Tribunal applied the principle that the revenue bears the onus to prove a PE; since the tax authorities and DRP failed to discharge that onus, the finding of a PE was set aside. The licence in issue was held to be off the shelf software, not customised supplies giving rise to royalty; consequently treaty business profits principles and exclusion of a PE meant invocation of presumptive taxation for non residents was unwarranted and the assessment was set aside.
Characterisation of cross-border software receipts and existence of a permanent establishment (PE) under the India Canada tax treaty were determinative. The Tribunal applied the principle that the revenue bears the onus to prove a PE; since the tax authorities and DRP failed to discharge that onus, the finding of a PE was set aside. The licence in issue was held to be off the shelf software, not customised supplies giving rise to royalty; consequently treaty business profits principles and exclusion of a PE meant invocation of presumptive taxation for non residents was unwarranted and the assessment was set aside.
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