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Madras High Court Allows Appeals of Shareholders in Capital Receipt Case — One Million Euros Received from Vedior NV Held Exempt as Capital Receipt. Compensation for Loss of Right of First Refusal and Non-Compete Agreement Treated as Capital Receipt Not Chargeable to Tax Under Income Tax Act, 1961.

The case involves two appeals by shareholders (K. Pandiarajan and R. Hemalatha) against the order of the Income Tax Appellate Tribunal (ITAT) which up...

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High Court of Karnataka Quashes Reassessment Order in KVAT Case Due to Violation of Natural Justice — Assessee Not Given Opportunity to Cross-Examine Third Party. Section 39(1) Reassessment Set Aside as Assessing Authority Relied on Ex-Parte Statements Without Providing Opportunity to Rebut.

The petitioner, M/s. TTP Technologies Pvt. Ltd., a registered company represented by its Director Sri. M. Devarajaiah, filed writ petitions under Arti...

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Supreme Court Dismisses Appeal by Union of India Against Quashing of Show Cause Notices in Service Tax Classification Dispute. Transport Operators' Services Classified as 'Goods Transport Agency' Not 'Cargo Handling Service' Based on Binding CBEC Circulars.

The case involves an appeal by the Union of India against a Gujarat High Court judgment quashing show cause notices issued to transport operators unde...

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Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

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Bombay High Court Examines Challenge to Advance Ruling on India-UAE DTAA and Revocable Trust Taxation. Writ Petitions Concern Taxability of Income from Indian Investments by UAE-Owned Trust Under Sections 61 and 63 of Income-tax Act, 1961 and Article 24 of India-UAE Tax Treaty.

The matter before the Bombay High Court consisted of two writ petitions filed by Abu Dhabi Investment Authority (ADIA) and Equity Trust (Jersey) Limit...

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Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material.

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a Sout...