Donor-directed corpus contributions retain capital character despite exemption claims under section 10(23C)(vi), preventing their treatment as taxable...
Enhanced tax-audit threshold applies where banking records establish compliant non-cash receipts and payments, eliminating penalty exposure for audit ...
Transfer pricing consistency protects identical non-interest-bearing debenture terms from a later notional-interest adjustment without valid statutory...
Rectification of debatable deduction claims cannot reverse scrutiny-approved co-operative society interest income deductions as apparent record errors...
Cash-method accounting bars presumptive interest taxation, while unsupported securities and share-trading additions require reliable material and veri...
On the law applicable in September 2005, the offshore transfer of shares of a Mauritius company by non-resident shareholders was not taxable in India under section 9(1)(i), because the Tribunal applied the look-at test and followed Vodafone International Holdings to hold that an indirect transfer through a foreign company could not be treated as a direct transfer of Indian assets. Since the underlying gain was not chargeable to tax in India at the time of payment, section 195 did not create any withholding obligation, and later retrospective insertions in section 9(1)(i) could not fasten liability on the payer. The deletion of liability under sections 201(1) and 201(1A) was upheld.
On the law applicable in September 2005, the offshore transfer of shares of a Mauritius company by non-resident shareholders was not taxable in India under section 9(1)(i), because the Tribunal applied the look-at test and followed Vodafone International Holdings to hold that an indirect transfer through a foreign company could not be treated as a direct transfer of Indian assets. Since the underlying gain was not chargeable to tax in India at the time of payment, section 195 did not create any withholding obligation, and later retrospective insertions in section 9(1)(i) could not fasten liability on the payer. The deletion of liability under sections 201(1) and 201(1A) was upheld.
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