Tenet Tax Daily March 30 2017
Comparable with related party transaction of 18% can’t be excluded considering the standard range of 15-20%: ITAT
KPO or design service providers are not comparable to software consultancy service providers
Tenet Tax Daily March 29 2017
Attribution of profits to PE depends upon role played by PE in overall income generation: ITAT
Tenet Tax Daily March 27 2017
No penalty on Foreign Co. due to false claim of not having any Indian PE when existence of PE was debatable
Tenet Tax Daily March 21 2017
A company can’t be excluded for low turnover when it is otherwise functionally comparable
Tenet Tax Daily March 11 2017
Failure to file Form 3CEB won’t invite reassessment when transactions with AE were disclosed during assessment
Tenet Tax Daily March 10 2017
When activities relating to construction or installation are specifically covered under article 5(3) of India-Singapore DTAA, then one need not to go in article 5(6) and, therefore, activity of assessee which is purely installation services has to be scrutinized under article 5(3) only and not within article 5(6)
Tenet Tax Daily March 08 2017
Whether in terms of relevant clauses of DTAA between India-Italy and India-Japan, where payments fall within purview of Independent Personal services then, even if, they are treated as Fees for technical fee or Fees for included services, such income of non-resident shall be liable to be taxed under Article governing Independent Personal services and not as Fee for technical services
Tenet Tax Daily March 07 2017
Payment made for connectivity facility for sending bulk SMS couldn’t be held as royalty: Mumbai ITAT
Tenet Tax Daily March 03 2017
Liaison office of GE India held as agency PE as it has authority to conclude contract on behalf of GE overseas
Tenet Tax Daily February 27 2017
No tax on sum received by Dutch Airlines for line maintenance facilities provided to other Airlines
Tenet Tax Daily February 25 2017
Payment made to access online database couldn’t be held as royalty
Tenet Tax Daily February 23 2017
No income can be attributable to PE which is remunerated at ALP
Tenet Tax Daily February 22 2017
Margins of both on-site and off-site services could not be aggregated while computing ALP: ITAT
Tenet Tax Daily February 18 2017
Payment made for supply of software embedded in mobile phones couldn’t be taxed as royalty
Tenet Tax Daily February 10 2017
ITAT allows taxpayer to file additional evidence to claim exemption for salary received on UK assignment
Tenet Tax Daily February 07 2017
No auto import of ‘Make Available’ in India-Swiss DTAA without order effecting terms of MFN clause
Tenet Tax Daily February 04 2017
Payment made for administrative services couldn’t be held as ‘FTS’ under India-UK treaty
Tenet Tax Daily February 03 2017