Customs valuation must use comparable contemporary imports, while confiscation fines and penalties require proportionate recalculation on reassessed v...
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...
Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
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...
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Each capital gains transaction was treated as a separate source of income, so section 90(2) allowed the assessee to apply the India-Singapore DTAA to one transaction and the Act to another where more beneficial. The Tribunal rejected compulsory aggregation of all capital gains and losses under the head of capital gains, holding that source-wise treaty choice cannot be overridden by a uniform application of the Act. Gains from shares acquired before 01.04.2017 and covered by Article 13(4A) of the treaty were outside taxable income in India and could not be brought into the Act's computation for set-off purposes. The addition was deleted.
Each capital gains transaction was treated as a separate source of income, so section 90(2) allowed the assessee to apply the India-Singapore DTAA to one transaction and the Act to another where more beneficial. The Tribunal rejected compulsory aggregation of all capital gains and losses under the head of capital gains, holding that source-wise treaty choice cannot be overridden by a uniform application of the Act. Gains from shares acquired before 01.04.2017 and covered by Article 13(4A) of the treaty were outside taxable income in India and could not be brought into the Act's computation for set-off purposes. The addition was deleted.
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