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Composite contract for installation & commissioning cannot be split to exempt profits from offshore supply of goods
Case Law Details
- Case Name
- Re. Justice Mr. P. K. Balasubramanyan (Chairman) (AAR Delhi)
- Appeal Number
- Only available for paid members
- Courts
- Advance Rulings
In Vodafone International Holdings BV Netherlands vs. Union of India and another (345 ITR 1 (SC). a three judge bench of the Supreme Court has laid down that what is needed is to consider the transaction in its entirety and to look at the transaction as a whole. The Supreme Court has advocated that a transaction must be looked at and not looked through.
The learned Chief Justice has held “it is the task of the Revenue / Court to ascertain the legal nature of the transaction and while doing so, it has to look at the transaction as a whole and not adopt a dissecting approach”. This injunct...
