Tenet Tax Daily August 13 2013
Fees received for legal consultancy services is taxable as independent personal services as per article 15 of India-U.K. DTAA and not as fees for technical services under section 9(1)(vii) and article 7
Receipt arising on account of commercial services rendered to American head office would be considered for determining total income of Indian branch
Tenet Tax Daily August 12 2013
ESOP relating only to service rendered in India taxable in India
Tenet Tax Daily August 10, 2013
Reopening an assessment under Section 148 not allowed under pertext of “protective assessment”
Tenet Tax Daily August 09, 2013
Expenditure incurred to defend directors arrested for narcotics offence not an allowable business expenditure
Tenet Tax Daily August 08 2013
Commission earned by NR agent for services rendered abroad not taxable in India in absence of PE in India
Tenet Tax Daily August 07 2013
Assessee can claim benefit of Sec. 10B deductions upon export of 75% of production
Tenet Tax Daily August 06 2013
No concealment penalty on failure of assessee to prove shareholders’ capacity to invest
Tenet Tax Daily August 05 2013
DDT to be refunded if dividend paying and receiving companies merged before declaration of dividend
Tenet Tax Daily August 03 2013
Legitimacy of gift by grandmother to grandson not to be doubted
Tenet Tax Daily August 02 2013
Forward contracts should have direct nexus with domain of assessee
Tenet Tax Daily August 01 2013
No disallowance of Royalty paid to AE as a percentage of sales on ground that no benefit was derived by payment of Royalty
Tenet Tax Daily July 31 2013
TDS rate on payments made to resident of France excludes surcharge and education cess
Tenet Tax Daily July 30 2013
DRP to assign reasons before adjudicating claim of assessee; ITAT sets aside non-speaking order of DRP
Tenet Tax Daily July 29 2013
Sec. 54F exemption allowed on mere investment – completion of contruction within stipulated period not essential
Tenet Tax Daily July 27 2013
Payment received by foreign company from Indian franchisee for international marketing activities is not “royalty” under Article 12(4) of DTAA even if its on the basis of % of gross revenue
Tenet Tax Daily July 26 2013
Revenue allocated to German HO by Indian BO not taxable in India as India-Germany DTAA allows “fee splitting arrangement”
Tenet Tax Daily July 25 2013
Mere submitting an incorrect claim without malafide intention doesn’t attract concealment penalty
Tenet Tax Daily July 24 2013