Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
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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