Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Characterisation of Common Area Maintenance (CAM) charges as payments for services relating to upkeep, cleanliness, utilities and maintenance leads to their classification as contractual payments subject to TDS under Section 194C rather than as rent under Section 194I; the Tribunal applied this legal principle and deleted the assessment addition. The Tribunal relied on coordinate Bench precedents in the assessee's own case and noted that the High Court dismissed the Revenue's challenge to that line of decisions, reinforcing that CAM charges cannot be characterised as rent and that the Revenue's appeal must be dismissed for the year under review.
Characterisation of Common Area Maintenance (CAM) charges as payments for services relating to upkeep, cleanliness, utilities and maintenance leads to their classification as contractual payments subject to TDS under Section 194C rather than as rent under Section 194I; the Tribunal applied this legal principle and deleted the assessment addition. The Tribunal relied on coordinate Bench precedents in the assessee's own case and noted that the High Court dismissed the Revenue's challenge to that line of decisions, reinforcing that CAM charges cannot be characterised as rent and that the Revenue's appeal must be dismissed for the year under review.
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