Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
The article addresses whether offshore supply receipts give rise to a Permanent Establishment in India, holding that contract duration alone cannot establish a PE; the decisive inquiry is the contract characterisation-supply of equipment versus provision of services-and the substantive allocation of ownership, risk and duties. Applying that principle, and noting absence of AO evidence showing retention of ownership/risks or a PE presence, receipts from machinery supplied and dispatched from abroad with limited installation obligations were not attributable to a PE in India, so they are not taxable in India for the year under review.
The article addresses whether offshore supply receipts give rise to a Permanent Establishment in India, holding that contract duration alone cannot establish a PE; the decisive inquiry is the contract characterisation-supply of equipment versus provision of services-and the substantive allocation of ownership, risk and duties. Applying that principle, and noting absence of AO evidence showing retention of ownership/risks or a PE presence, receipts from machinery supplied and dispatched from abroad with limited installation obligations were not attributable to a PE in India, so they are not taxable in India for the year under review.
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