Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
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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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