International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
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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