Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
The ITAT addressed multiple telecom tax issues, including transfer pricing on royalty and passive infrastructure charges, depreciation on spectrum rights, contractual payments under section 37(1), write-back of liabilities, prepaid distributor discounts, telecom licence fee treatment, lease rentals, WPC royalty, and TDS credit. It deleted the transfer pricing adjustment on royalty and passive infrastructure charges, allowed depreciation and revenue deductions on spectrum-related and contractual payments, treated prepaid distributor discount as outside section 194H, and allowed lease rental and WPC royalty claims as revenue expenditure. It upheld taxation of liabilities written back, directed verification of TDS credit and refund interest, and required amortisation of telecom licence fee under section 35ABB.
The ITAT addressed multiple telecom tax issues, including transfer pricing on royalty and passive infrastructure charges, depreciation on spectrum rights, contractual payments under section 37(1), write-back of liabilities, prepaid distributor discounts, telecom licence fee treatment, lease rentals, WPC royalty, and TDS credit. It deleted the transfer pricing adjustment on royalty and passive infrastructure charges, allowed depreciation and revenue deductions on spectrum-related and contractual payments, treated prepaid distributor discount as outside section 194H, and allowed lease rental and WPC royalty claims as revenue expenditure. It upheld taxation of liabilities written back, directed verification of TDS credit and refund interest, and required amortisation of telecom licence fee under section 35ABB.
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