Deferred Payment of Customs Duty extended to Eligible Manufacturer Importers with electronic registration and ICEGATE authentication for conditional c...
Tariff classification determines GST schedule and rate; beverages in Schedule III attract the higher rate, tea extracts and syrups in Schedule I attra...
Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
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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