Depositor-protection proceedings prevail over corporate insolvency, while liquidators may recover chit receivables using copies of seized company reco...
Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
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Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period e...
Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
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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