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...
Consideration for project-specific designs, drawings and related deliverables was held to be an outright transfer of those documents and the associated project intellectual property, not payment for the use of, or right to use, a design. Article 12(3) of the India-UAE DTAA was interpreted as covering only use-right payments, so sale or transfer receipts fell outside royalty. Because treaty protection was claimed, the wider domestic definition of royalty could not be invoked. The receipt was therefore not taxable as royalty in India and the contrary assessment was set aside.
Consideration for project-specific designs, drawings and related deliverables was held to be an outright transfer of those documents and the associated project intellectual property, not payment for the use of, or right to use, a design. Article 12(3) of the India-UAE DTAA was interpreted as covering only use-right payments, so sale or transfer receipts fell outside royalty. Because treaty protection was claimed, the wider domestic definition of royalty could not be invoked. The receipt was therefore not taxable as royalty in India and the contrary assessment was set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
