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...
A single-member Delaware LLC was held to satisfy the India-US DTAA residence test because its income was taxable in the hands of its US corporate member and the residence State had the legal power to tax it, so treaty benefits were available. Applying the "liable to tax" principle to fiscally transparent entities, the Tribunal treated the LLC as a US resident for treaty purposes. It further held that offshore repair and overhaul receipts did not meet Article 12(4)(b)'s "make available" test, because no technical knowledge, skill or process was shown to have been transferred for independent use by the Indian recipient. The addition was deleted.
A single-member Delaware LLC was held to satisfy the India-US DTAA residence test because its income was taxable in the hands of its US corporate member and the residence State had the legal power to tax it, so treaty benefits were available. Applying the "liable to tax" principle to fiscally transparent entities, the Tribunal treated the LLC as a US resident for treaty purposes. It further held that offshore repair and overhaul receipts did not meet Article 12(4)(b)'s "make available" test, because no technical knowledge, skill or process was shown to have been transferred for independent use by the Indian recipient. The addition was deleted.
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