Service permanent establishment requires non-auxiliary services, while arm's-length distributor remuneration precludes further profit attribution in I...
Make-available condition excludes standard SaaS subscription receipts where customers receive no independently usable technical knowledge after subscr...
Anonymous donation classification fails where charitable trusts maintain undisputed donor identity records and evidence corpus contributions' intended...
Transfer pricing method selection favours TNMM where medical-equipment distribution involves substantial post-import value addition and operational ri...
Post-export shipping bill conversion remains available where contemporaneous evidence supports EPCG benefits despite curable procedural omissions and ...
Foreign exchange remitted for imports had to be used for the declared overseas supplier or, if the goods were not imported, realised and repatriated; the Tribunal held that the appellant could not rely on alleged third-party adjustments or business compulsion to treat the remittance as duly utilised. It found no legal basis or RBI permission for setting off payments and refunds through separate entities, and held that Customs proceedings did not affect independent FEMA liability. The contravention under Section 10(6) of FEMA read with Regulation 6(1) was upheld, but the penalty was reduced as the quantum was moderated in the interests of justice.
Foreign exchange remitted for imports had to be used for the declared overseas supplier or, if the goods were not imported, realised and repatriated; the Tribunal held that the appellant could not rely on alleged third-party adjustments or business compulsion to treat the remittance as duly utilised. It found no legal basis or RBI permission for setting off payments and refunds through separate entities, and held that Customs proceedings did not affect independent FEMA liability. The contravention under Section 10(6) of FEMA read with Regulation 6(1) was upheld, but the penalty was reduced as the quantum was moderated in the interests of justice.
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