PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering pr...
School-affiliation charges remain taxable where not directly connected with examinations, while extended limitation requires proof of deliberate tax e...
Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
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For Article 5(2)(l) of the India-US DTAA, the service PE threshold is measured by the period of service activity in India, not by repeatedly counting overlapping employee presence as cumulative man-days. On the facts relied on by the CIT(A), the employees were present in India for only 72 solar days, so the 90-day threshold was not met and no service PE arose. In the absence of any other PE and with no contrary precedent or distinguishing facts shown, the treaty prevails and the receipts could not be taxed as business income under section 44BB. The deletion of the addition was therefore upheld.
For Article 5(2)(l) of the India-US DTAA, the service PE threshold is measured by the period of service activity in India, not by repeatedly counting overlapping employee presence as cumulative man-days. On the facts relied on by the CIT(A), the employees were present in India for only 72 solar days, so the 90-day threshold was not met and no service PE arose. In the absence of any other PE and with no contrary precedent or distinguishing facts shown, the treaty prevails and the receipts could not be taxed as business income under section 44BB. The deletion of the addition was therefore upheld.
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