Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
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Stock derivatives are distinct from equity shares for DTAA capital gains purposes, and gains from trading derivatives do not qualify as gains from alienation of shares under Article 13(3A); therefore those gains fall within the residual provision (Clause 4) and are taxable only in the taxpayer's State of residence. The article emphasises statutory definitions and precedent distinguishing derivatives from shares and concludes that an assessment treating derivative trading profits as capital gains taxable in India under Article 13(3A) is unsustainable.
Stock derivatives are distinct from equity shares for DTAA capital gains purposes, and gains from trading derivatives do not qualify as gains from alienation of shares under Article 13(3A); therefore those gains fall within the residual provision (Clause 4) and are taxable only in the taxpayer's State of residence. The article emphasises statutory definitions and precedent distinguishing derivatives from shares and concludes that an assessment treating derivative trading profits as capital gains taxable in India under Article 13(3A) is unsustainable.
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