Constitutional personal-liberty safeguards limit PMLA twin bail conditions where completed investigations lead to prolonged incarceration before trial...
Automated airline software subscriptions without human intervention fail technical-services characterisation and do not make available underlying tech...
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...
Rule 10B does not prescribe a lower or upper turnover limit for transfer-pricing comparables in the software development services segment. Market conditions, assets employed and risks assumed remain material to comparability analysis. An upper turnover filter may therefore be applied where it rationally distinguishes companies with materially different scale and economic profiles. Its application is a factual determination and is not open to interference unless perversity is pleaded and demonstrated. The Tribunal's use of the filter consequently raised no substantial question of law, and the Revenue's appeal was dismissed.
Rule 10B does not prescribe a lower or upper turnover limit for transfer-pricing comparables in the software development services segment. Market conditions, assets employed and risks assumed remain material to comparability analysis. An upper turnover filter may therefore be applied where it rationally distinguishes companies with materially different scale and economic profiles. Its application is a factual determination and is not open to interference unless perversity is pleaded and demonstrated. The Tribunal's use of the filter consequently raised no substantial question of law, and the Revenue's appeal was dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
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