Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
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.
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