Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
The limitation and reopening challenge to the reassessment became infructuous after the Finance Act 2026 amended section 153B, so no merit survived in that ground. On the substantive taxability issue, receipts from voice termination, bandwidth, and annual operation and maintenance services were held not taxable in the manner adopted by the assessment order because the facts were identical to the assessee's earlier year, and Article 12 of the India-Singapore and India-USA DTAAs were treated as pari materia on royalties, fees for technical services, and the make available requirement. The Tribunal followed the earlier decisions and allowed the assessee's claim.
The limitation and reopening challenge to the reassessment became infructuous after the Finance Act 2026 amended section 153B, so no merit survived in that ground. On the substantive taxability issue, receipts from voice termination, bandwidth, and annual operation and maintenance services were held not taxable in the manner adopted by the assessment order because the facts were identical to the assessee's earlier year, and Article 12 of the India-Singapore and India-USA DTAAs were treated as pari materia on royalties, fees for technical services, and the make available requirement. The Tribunal followed the earlier decisions and allowed the assessee's claim.
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