Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
On a plain reading of Section 115-O, the Court recorded a prima facie view that dividend distribution tax is an additional income-tax on the domestic company in respect of distributed profits, not a tax paid on behalf of shareholders. That understanding was treated as consistent with earlier Bombay High Court authority and the Supreme Court's decision in Godrej & Boyce, while the contrary view in Colorcon Asia that DDT is tax on the shareholder's dividend income, attracting DTAA benefit, created a direct conflict between coordinate Benches. Because the issue involved a clear cleavage of opinion on the nature of DDT and treaty entitlement, the appeals were not decided on merits and were referred to a Larger Bench.
On a plain reading of Section 115-O, the Court recorded a prima facie view that dividend distribution tax is an additional income-tax on the domestic company in respect of distributed profits, not a tax paid on behalf of shareholders. That understanding was treated as consistent with earlier Bombay High Court authority and the Supreme Court's decision in Godrej & Boyce, while the contrary view in Colorcon Asia that DDT is tax on the shareholder's dividend income, attracting DTAA benefit, created a direct conflict between coordinate Benches. Because the issue involved a clear cleavage of opinion on the nature of DDT and treaty entitlement, the appeals were not decided on merits and were referred to a Larger Bench.
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