Toy balloon tariff classification: functional heading prevails over residual rubber and festive article headings, supporting penalties for deliberate ...
Customs valuation using comparable contemporaneous imports can displace declared value, while missing speaking orders require pursuit before competent...
Foreign customs declarations and importer admissions established undervaluation, supporting sequential value redetermination, differential duty, and m...
Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
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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