Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Voice termination service receipts were held not to be royalty or fees for technical services under the Act or the India-USA DTAA because the payment was for a standard telecom service, with no transfer of a right in equipment, intellectual property, or any secret process. The Tribunal followed prior coordinate bench and HC rulings, and held that retrospective domestic amendments broadening "process" could not enlarge the treaty definition of royalty through Article 3(2). The receipts were therefore business profits, and in the absence of a permanent establishment in India, they were not taxable in India.
Voice termination service receipts were held not to be royalty or fees for technical services under the Act or the India-USA DTAA because the payment was for a standard telecom service, with no transfer of a right in equipment, intellectual property, or any secret process. The Tribunal followed prior coordinate bench and HC rulings, and held that retrospective domestic amendments broadening "process" could not enlarge the treaty definition of royalty through Article 3(2). The receipts were therefore business profits, and in the absence of a permanent establishment in India, they were not taxable in India.
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