Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
Capital gains exemption: payment for plot, architect fees and bona fide commencement of construction can satisfy utilisation requirement and secure re...
Petition challenges a Competent Authority withholding certificate applying a treaty-based higher withholding rate to a non-resident US company; the authority failed to apply the settled precedent and did not record reasons for the elevated rate, rendering the certificate unsustainable. The court rejected Revenue submissions that assessment-stage scrutiny justified the certificate, held the absence of proper precedent application and reasoning was decisive, and directed issuance of a reduced treaty-based deduction certificate for the relevant year to mitigate undue withholding while permitting substantive tax scrutiny later.
Petition challenges a Competent Authority withholding certificate applying a treaty-based higher withholding rate to a non-resident US company; the authority failed to apply the settled precedent and did not record reasons for the elevated rate, rendering the certificate unsustainable. The court rejected Revenue submissions that assessment-stage scrutiny justified the certificate, held the absence of proper precedent application and reasoning was decisive, and directed issuance of a reduced treaty-based deduction certificate for the relevant year to mitigate undue withholding while permitting substantive tax scrutiny later.
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