Assessment time-barred u/s 153 due to missing competent-authority reference for Singapore exchange of information; assessment disallowed as barred by ...
Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
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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