Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Article 24(4) (non-discrimination) of the India-Denmark DTAA precludes a domestic thin-capitalisation measure that differentiates deductibility of interest based on creditor residence; applying treaty supremacy via section 90(2) the Tribunal concluded the section 94B disallowance could not be sustained where the debt and interest were accepted as arm's-length. The note further records computational principles: EBITDA must reflect gross (actual) depreciation, not netting by subvention; only interest actually deductible may be counted for the statutory limit; notional Ind AS accretion and interest already disallowed as capital must be excluded from the section 94B computation.
Article 24(4) (non-discrimination) of the India-Denmark DTAA precludes a domestic thin-capitalisation measure that differentiates deductibility of interest based on creditor residence; applying treaty supremacy via section 90(2) the Tribunal concluded the section 94B disallowance could not be sustained where the debt and interest were accepted as arm's-length. The note further records computational principles: EBITDA must reflect gross (actual) depreciation, not netting by subvention; only interest actually deductible may be counted for the statutory limit; notional Ind AS accretion and interest already disallowed as capital must be excluded from the section 94B computation.
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