Anti-profiteering obligations survive business demerger, complaint withdrawal, and customized supply arrangements where rate-reduction benefits are no...
Road restoration charges constitute taxable services when requested for commercial pipeline activity, requiring reverse-charge GST from the business r...
Interest on delayed release of requisitioned cash includes statutory pre-assessment interest and restitutionary compensation for unlawful post-assessm...
Incomplete inventory records justify rejecting accounts, while profit estimation requires relevant comparable material and interest falls under other ...
Transfer-pricing comparability requires functional alignment; delayed associated-enterprise receivables need separate LIBOR-based benchmarking, while ...
Dependent-agent permanent establishment under Article 5(5)(i) of the India-Switzerland DTAA requires evidence that the Indian associated enterprise had, and habitually exercised, authority to negotiate or conclude contracts on behalf of the foreign enterprise. Group affiliation, dependency and arm's-length remuneration do not independently establish that status. Contemporaneous emails, approval matrices and supplier contracts indicated that Indian personnel communicated pre-approved terms, performed liaison, account-management and administrative functions, and escalated non-approved proposals overseas. Essential commercial approvals remained outside India. The Indian enterprise therefore did not constitute a dependent agent permanent establishment, making proposed profit attribution academic; the appeal was partly allowed.
Dependent-agent permanent establishment under Article 5(5)(i) of the India-Switzerland DTAA requires evidence that the Indian associated enterprise had, and habitually exercised, authority to negotiate or conclude contracts on behalf of the foreign enterprise. Group affiliation, dependency and arm's-length remuneration do not independently establish that status. Contemporaneous emails, approval matrices and supplier contracts indicated that Indian personnel communicated pre-approved terms, performed liaison, account-management and administrative functions, and escalated non-approved proposals overseas. Essential commercial approvals remained outside India. The Indian enterprise therefore did not constitute a dependent agent permanent establishment, making proposed profit attribution academic; the appeal was partly allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4912 
