Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Payments for hiring International Private Leased Circuits were not liable to tax deduction at source under section 195 because the remittance was not taxable in India absent a permanent establishment. The Court followed its earlier Division Bench ruling in the assessee's own case and the Supreme Court's decision in Engineering Analysis Centre of Excellence Pvt. Ltd., holding that Explanations 4, 5 and 6 inserted by the Finance Act, 2012 could not be applied retrospectively to treat such payments as royalty. The withholding issue was decided in favour of the assessee.
Payments for hiring International Private Leased Circuits were not liable to tax deduction at source under section 195 because the remittance was not taxable in India absent a permanent establishment. The Court followed its earlier Division Bench ruling in the assessee's own case and the Supreme Court's decision in Engineering Analysis Centre of Excellence Pvt. Ltd., holding that Explanations 4, 5 and 6 inserted by the Finance Act, 2012 could not be applied retrospectively to treat such payments as royalty. The withholding issue was decided in favour of the assessee.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4807 
Join Channel 
