Tenet Tax Daily November 29 2013
No royalty from sale of software, HC ignores amended Sec. 9 as DTAA more beneficial – Samsung’s case distinguished
Tenet Tax Daily November 26 2013
TP adjustments for not charging cost from AEs deleted as assessee had to settle transactions at cost-plus mark up
Tenet Tax Daily November 25 2013
No FTS under Indo-USA DTAA if services rendered don’t clear ‘make available’ benchmark
Tenet Tax Daily November 19 2013
If no human intervention is involved, such services cannot be covered under section 9(1)(vii)
Tenet Tax Daily November 15 2013
Full risk bearing Companies not comparable with an entity bearing limited risk – comparables rejected
Tenet Tax Daily November 11 2013
Assessee need not be unemployed when going abroad for a job for determining his residential status
Tenet Tax Daily November 8 2013
Payments for AMC and repair of machinery not FIS under India-US DTAA
Tenet Tax Daily November 5 2013
Reimbursement to Foreign AE towards seconded employee salary is not FTS
Tenet Tax Daily October 30 2013
No need to establish rendition of services in India to tax FTS as long as payer is a resident
Tenet Tax Daily October 22 2013
Reassessment sets-aside as revenue didn’t establish how project would be deemed as construction PE
Tenet Tax Daily October 21 2013
Training expenses of pilots as per requirement of DGCA Rules would not fall under term ‘service make available’ as mentioned in para 4(b) of article 12 of India-USA DTAA
Tenet Tax Daily October 14 2013
Delay in furnishing of TP report condoned as assessee had belief that transaction was not covered under TP
Tenet Tax Daily October 11 2013
Assessee with no tax incidence but otherwise liable to tax in UAE allowed DTAA benefits
Tenet Tax Daily October 5 2013
Payment to Singaporean Company for executive training isn’t FTS as it falls in exclusive clause of FTS under treaty
Tenet Tax Daily October 4 2013
Business income of NR not taxable if its dependent agent is remunerated on ALP basis and is charged to tax
Tenet Tax Daily October 3 2013
Benefit of ± 5 per cent only a tolerance range- not a standard deduction for computing ALP
Tenet Tax Daily September 27 2013
Subscription fee for a research product of a foreign company amounted to royalty
Tenet Tax Daily September 21 2013