Business support recruitment and training receipts qualify for presumptive business taxation, not professional taxation under technical consultancy ru...
Treaty exemption for foreign permanent-establishment management fees prevailed, while dividend expense disallowance remained limited to an accepted al...
Centralised assessment transfers: participation after requesting centralisation can bar technical jurisdictional challenges, while assessment disputes...
Binding precedent remains operative despite pending challenge, supporting deletion of interest disallowance when debt is converted into preference sha...
Extended limitation for customs duty under Section 28(4) requires material showing collusion, wilful misstatement or suppression causing short-payment; a subsequent departmental view on classification or exemption is insufficient. Disclosure of the goods description, classification and exemption claim in the Bill of Entry, accepted by the proper officer, did not establish concealment, false declaration or deliberate suppression to evade differential IGST on imported rice bran. The demand was therefore set aside without determining the correct classification or IGST liability, while preserving timely action permitted by law. Writ jurisdiction remains available despite a statutory appeal where extended-period jurisdictional conditions are unmet.
Extended limitation for customs duty under Section 28(4) requires material showing collusion, wilful misstatement or suppression causing short-payment; a subsequent departmental view on classification or exemption is insufficient. Disclosure of the goods description, classification and exemption claim in the Bill of Entry, accepted by the proper officer, did not establish concealment, false declaration or deliberate suppression to evade differential IGST on imported rice bran. The demand was therefore set aside without determining the correct classification or IGST liability, while preserving timely action permitted by law. Writ jurisdiction remains available despite a statutory appeal where extended-period jurisdictional conditions are unmet.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4913 
