ELFA-based VIDAS diagnostic kits were eligible for the customs exemption available to ELISA kits under Notification No. 50/2017-Cus. It further held that the dispute was interpretational, the extended limitation period was wrongly invoked, and the consequential demand of duty, interest, confiscation, redemption fine, and penalties was liable to be set aside.
Penalty under section 271DA could not be sustained merely on the basis of unverified seized data without independent corroborative evidence. Revenue must conclusively establish violation of section 269ST, and where assessee had disclosed the income and paid due taxes, penalty was not automatic and must satisfy the test of reasonableness and statutory conditions.
Having regard to the gravity of the allegations, the ongoing investigation, the requirement of further probe into digital and financial evidence, and the possibility of influencing witnesses or obstructing the investigation, the applicant had failed to make out a case for the exercise of the Court’s discretionary jurisdiction to grant anticipatory bail. Hence, the anticipatory bail application was dismissed.
Interest income earned by a foreign bank from foreign currency loans extended to Indian corporates was taxable on a gross basis. Such income could not be reduced by attributing expenditure before the concessional rate of tax was applied.
Transfer pricing principles dictate that a captive, risk-mitigated service provider could not be benchmarked against full-fledged, risk-bearing entrepreneurs, companies owning substantial intellectual property, or those generating revenue through software products.
Smt. Ranjana Kumari/Kalta Vs DCIT/ACIT (Central) (ITAT Chandigarh) The appeals involved three assessees belonging to the Kalta Group and covered Assessment Years (AYs) 2020-21 to 2023-24. Although several legal grounds were initially raised, the assessees did not press those grounds during the hearing. Accordingly, the Income Tax Appellate Tribunal (ITAT), Chandigarh, confined itself to deciding […]
Tribunal partly allowed the assessee’s appeals by granting relief on transfer pricing, scientific research deduction, product registration expenses, section 14A/MAT adjustment, and forex hedging losses, while upholding the disallowance of expenditure on freebies to doctors and delayed employees’ welfare contributions.
Provisions that were typically restricted or viewed as contingent become fully deductible business expenses the moment they were quantified, crystallized, and physically paid out before the tax return filing deadline. Revenue could not arbitrarily disallow a flat percentage of direct operational or employee welfare expenses based on general suspicion.
Receipts earned by a German resident individual from rendering managerial, consultancy and business development services outside India, based on personal expertise and independent professional skill, constituted independent professional services under Article 14 of the India–Germany DTAA and were not taxable in India in the absence of a fixed base or the prescribed period of stay in India
Package tours commencing, operating and concluding entirely within the State of Jammu & Kashmir during the period October 2005 to September 2010 were outside the scope of levy under Chapter V of the Finance Act, 1994. Accordingly, the service tax demand confirmed for the normal period was set aside.
