Tenet Tax Daily October 02 2017
Receipt of interest on delay realisation of funds from foreign AE was a separate international transaction
Software payments can’t be held as royalty if payer doesn’t have any right of modification: ITAT
Tenet Tax Daily September 26 2017
Prior to AY 2013-14, there was no need to furnish TRC to claim treaty benefits: Bombay High Court
Tenet Tax Daily September 25 2017
TP adjustment couldn’t be made just because assessee had availed only certain services out of bunch of services
Tenet Tax Daily September 23 2017
Sec. 206AA couldn’t be invoked if TDS was deducted as per provisions of DTAA: ITAT
Tenet Tax Daily September 22 2017
No tax on Income from shipping remitted outside Singapore if it was taxable therein on accrual basis
Tenet Tax Daily September 18 2017
Non-AE domestic transaction couldn’t be considered for computing income of international transaction
Tenet Tax Daily September 16 2017
ITAT couldn’t remand matter back to TPO for afresh determination if details of comparables were available
Tenet Tax Daily September 01 2017
In absence of any positive and substantive material to effect that services had been rendered by employees of branch office of assessee, royalty income earned by assessee on account of technical agreement with another company was not effectively connected with branch office of assessee, and therefore, same was chargeable to tax as ‘royalty’ income as per article 13(1) and (2) of India-Italy DTAA
Tenet Tax Daily August 26 2017
Business model of co. importing 99% raw material couldn’t be compared with co. having only 29% import content
Tenet Tax Daily August 19 2017
Co. not involved in R&D activity is incomparable with Co. providing R&D services to AE
Tenet Tax Daily August 08 2017
Firm Controlled by assessee’s brother and his wife couldn’t be held as associate enterprise for TP purposes
Tenet Tax Daily August 04 2017
TPO rightly determined ALP at Nil if assessee failed to prove that he availed of management services from AE
Tenet Tax Daily July 26 2017
ITAT remanded matter to determine nature of payments made by assessee to NR entities
Tenet Tax Daily July 22 2017
ITAT remanded matter to determine whether AMP exp. incurred for brand promotion was international transaction
Tenet Tax Daily July 12 2017
ITAT deleted AMP exp. adjustments as no benefit had accrued to AE on sale of India specified product in India only
Tenet Tax Daily July 08 2017
Period of existence of two unrelated projects by Foreign Co. couldn’t be combined to determine its PE in India
Tenet Tax Daily July 03 2017
Co. rendering technical service is incomparable with assessee providing ITES Lionbridge
Tenet Tax Daily July 01 2017