Tenet Tax Daily March 06 2014
Foreign Co. while acting as lead manager and underwriting ADRs was not rendering any technical service; no FTS
No bar on advance ruling on filing return, issue deemed as pending only if scrutiny notice issued raises same question
Tenet Tax Daily February 20 2014
Assessee, not liable to pay education cess and secondary and higher education cess when tax as per DTAA
Tenet Tax Daily January 25 2014
TPO ought to have first analysed internal comparable before external one for making TP adjustment
Tenet Tax Daily January 23 2014
ITAT remands back matter to enquire into an issue directly relevant to TP adjustments and not dealt with by DRP
Tenet Tax Daily January 21 2014
Services rendered outside India not taxable in India; ITAT ignores retro-amendment to sec. 9
Tenet Tax Daily January 18 2014
Taxability under the Act becomes irrelevant if income earned by NR isn’t taxable in India as per DTAA
Tenet Tax Daily January 17, 2014
No concealment penalty on mere TP adjustment if such issue was of debatable nature
Tenet Tax Daily January 13 2014
Export commission paid to NR outside India for services rendered outside India out of the ambit of TDS
Tenet Tax Daily January 15 2014
ITAT calls for exclusion of comparables in which high operating margin occurred due to extraordinary events
Tenet Tax Daily January 08 2014
Filing of ITR does not bar filing an advance ruling application
Tenet Tax Daily January 06 2014
ITAT remanded the matter as DRP affirmed order of TPO without dealing with assessee’s objections
Tenet Tax Daily December 31 2013
Assessee can opt for any method under sec. 92C for computing ALP if it proves to be the most appropriate method.
Tenet Tax Daily December 23 2013
India-Macedonia ink new DTAA
Tenet Tax Daily December 21 2013
Interest paid by Indian branch to its foreign head office not taxable in India; no disallowance for TDS default
Tenet Tax Daily December 18 2013
TP adjustment restricting transactions with AEs only and excluding transaction with non-AEs set aside
Tenet Tax Daily December 10 2013
Dealings between assessee and NR on principal-to-principal basis rule out existence of ‘service PE’
Tenet Tax Daily December 6 2013
Sum paid to NR to identify potential customers and to conduct market survey abroad held taxable as FTS
Tenet Tax Daily December 2 2013