International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Employer's PF/ESI contribution was distinguished from employees' contribution under Checkmate Services: deduction remains available under section 43B if payment is made before the return-filing due date, so the Assessing Officer was directed to verify the deposit date and allow the claim if timely paid. The Tribunal also accepted the claim for refund of excess Dividend Distribution Tax, applying the India-Japan DTAA and the principle that a more beneficial treaty rate overrides the domestic rate; any tax paid in excess of the treaty rate was held refundable, with the exact amount to be computed by the Assessing Officer. The appeal was partly allowed.
Employer's PF/ESI contribution was distinguished from employees' contribution under Checkmate Services: deduction remains available under section 43B if payment is made before the return-filing due date, so the Assessing Officer was directed to verify the deposit date and allow the claim if timely paid. The Tribunal also accepted the claim for refund of excess Dividend Distribution Tax, applying the India-Japan DTAA and the principle that a more beneficial treaty rate overrides the domestic rate; any tax paid in excess of the treaty rate was held refundable, with the exact amount to be computed by the Assessing Officer. The appeal was partly allowed.
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