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...
RBI remittances under the special rupee export arrangement could not be treated as unrelated to exports without evidence that RBI had rejected or reversed them; Customs was required to have any doubts examined by RBI. Recovery of duty drawback on that premise was therefore unsustainable. Duty drawback depends on the nature of exported goods, while recovery for non-realisation is governed by the Drawback Rules. Export is complete when goods leave India's territorial waters and title passes to the buyer, so alleged diversion or landing at intermediary ports does not defeat drawback entitlement. Goods already exported were outside confiscation provisions, rendering consequential penalties unsustainable. The impugned order was set aside and appeals allowed with consequential relief.
RBI remittances under the special rupee export arrangement could not be treated as unrelated to exports without evidence that RBI had rejected or reversed them; Customs was required to have any doubts examined by RBI. Recovery of duty drawback on that premise was therefore unsustainable. Duty drawback depends on the nature of exported goods, while recovery for non-realisation is governed by the Drawback Rules. Export is complete when goods leave India's territorial waters and title passes to the buyer, so alleged diversion or landing at intermediary ports does not defeat drawback entitlement. Goods already exported were outside confiscation provisions, rendering consequential penalties unsustainable. The impugned order was set aside and appeals allowed with consequential relief.
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TaxTMI 
TaxTMI 
of 4913 
