Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Virtual performance of services by e-mail, video conferencing or conference calls was not treated as physical rendition in India for withholding tax purposes, because no specific provision in law or the DTAA deemed such services to be physically rendered in India. The Court also upheld refusal of a nil certificate under Section 197, reading Rule 28AA to require consideration of existing and estimated tax liability, including prior assessed liability; subsisting adverse findings in the petitioner's own case justified rejection. It declined to decide the treaty-based non-taxability claim on merits in writ jurisdiction, as the same issue was already pending in appellate proceedings.
Virtual performance of services by e-mail, video conferencing or conference calls was not treated as physical rendition in India for withholding tax purposes, because no specific provision in law or the DTAA deemed such services to be physically rendered in India. The Court also upheld refusal of a nil certificate under Section 197, reading Rule 28AA to require consideration of existing and estimated tax liability, including prior assessed liability; subsisting adverse findings in the petitioner's own case justified rejection. It declined to decide the treaty-based non-taxability claim on merits in writ jurisdiction, as the same issue was already pending in appellate proceedings.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
