Tenet Tax Daily February 27 2020
Company set-up in Mauritius with the purpose of routing funds for South African based holding Cos not eligible for Indo-Mauritius DTAA benefit
“Support services” taxable as FTS both under Income-tax Act and under tax treaty – make available condition fulfilled
Tenet Tax Daily February 13 2020
Technical services held as not taxable since make available condition not satisfied
Tenet Tax Daily February 12 2020
Loans given by assessee to its AE to be determined on basis of rate of interest being charged in country where loan was received/consumed
Tenet Tax Daily February 01 2020
Foreign AE cannot be regarded as tested party for ALP determination of transactions between assessee and its AE
Tenet Tax Daily January 31 2020
Data management services provider comparable to investment advisory services provider
Tenet Tax Daily January 28 2020
Based on FAR analysis where it is determined that foreign AE is a non-complex entity, it could be taken as tested party for benchmarking purposes
Tenet Tax Daily January 27 2020
CUP method not applicable where assessee made purchases from AEs and non-AEs with huge difference in quantities and price
Tenet Tax Daily January 25 2020
Mere issuance of a show-cause notice cannot be equated and treated as a draft assessment order as same would make provisions of section 144C redundant
Tenet Tax Daily January 24 2020
Only international transactions entered by assessee with its AE can be subjected to adjustment
Tenet Tax Daily January 23 2020
Order passed by AO without following DRP directions held null and void and hence was to be quashed
Tenet Tax Daily January 21 2020
Payment to assessee providing services under management support agreement held as reimbursement of cost and not royalty following earlier assessment orders
Tenet Tax Daily January 20 2020
Payments to NR towards distribution of units of Mutual Funds or shares abroad did not made available any technical knowledge or skill and hence not “royalty”
Tenet Tax Daily January 18 2020
Absolute owner of Compulsorily Convertible Debentures (CCDs) receiving interest income would be entitled to beneficial provisions of article 11 of DTAA between India and Cyprus
Tenet Tax Daily January 17 2020
No ‘Agency PE’ of assessee in India if Indian subsidiary did not conclude contracts on behalf of assessee-US company
Tenet Tax Daily January 16 2020
Consideration towards supply of embedded software treated as consideration for supply of goods and not royalty
Tenet Tax Daily January 15 2020
Provision of BPO services does not create service PE and hence not taxable as per DTAA.
Tenet Tax Daily January 14 2020
Company not entitled to DTAA benefit since place of effective management located in a third country
Tenet Tax Daily January 13 2020