Tenet Tax Daily June 17 2015
Receipt of sum from a foreign company engaged in exploration and production of oil in oil fields of India and claiming the same to be reimbursement of actual cost without being able to establish one to one nexus between services rendered and alleged reimbursement would entail assessee’s receipts to be taxed under section 44BB
Reimbursement of debtor collection charges to US based by assessee who had made direct payment to payee would not fall within ambit of ‘fee for technical services’ and assessee was not required to deduct tax at source while making payment in question
Tenet Tax Daily June 16 2015
Amount received towards supply of software embedded in hardware did not amount to ‘royalty’ under section 9(1)(vi)
Tenet Tax Daily June 15 2015
CIT(A) gets flak from ITAT for holding that assessee didn’t have PE in India as per DTAA without giving reasons
Tenet Tax Daily June 12 2015
Inter-corporate deposits non-recoverable due to merger of entities allowable as bad debts
Tenet Tax Daily June 09 2015
DRP gets flak from ITAT for confirming additions made by TPO without considering submissions made by assessee
Tenet Tax Daily June 05 2015
Supply of software along with hardware – rather software embedded in hardware did not amount to ‘royalty’
Tenet Tax Daily June 03 2015
A company failing parameter of employee cost to sales ratio couldn’t be chosen as comparable for TP study
Tenet Tax Daily June 01 2015
Commission paid to NR agent for procurement of export orders outside India wasn’t taxable; not liable for TDS
Tenet Tax Daily May 27 2015
Payment made for import of hardware couldn’t be taxable as royalty
Tenet Tax Daily May 26 2015
ITAT directs admission of additional evidence by assessee to prove that its liaison office in India wasn’t its PE
Tenet Tax Daily May 25 2015
Non-furnishing of PAN by NR doesn’t attract higher TDS rate of 20% u/s 206AA if tax rate under DTAA is beneficial
Tenet Tax Daily May 23 2015
Reimbursement of exp. to foreign AE was taxable if no nexus was found between services rendered and reimbursement
Tenet Tax Daily May 22 2015
No deemed income of NR u/s 9 when it had established Liaison office in India to purchase goods for export
Tenet Tax Daily May 21 2015
Purchase of technical know-how couldn’t be taxed as royalty, says ITAT
Tenet Tax Daily May 18 2015
Legal consultancy fee paid to foreign lawyer wasn’t taxable in absence of his base in India
Tenet Tax Daily May 12 2015
TPO couldn’t determine ALP of services as Nil without examining docs showing rendition of services by AE
Tenet Tax Daily May 09 2015