Tenet Tax Daily February 20 2016
Foreign comparable couldn’t be chosen for foreign co. rendering services to Indian AE
No PE even if place of business falls under inclusive definition of PE if permanency test isn’t satisfied
Tenet Tax Daily February 12 2016
Failure of assessee to prove that NR-agent has no PE in India leads to disallowance of commission for TDS default
Tenet Tax Daily January 30 2016
Export commission paid to NR agent via banking channel couldn’t treated as unverifiable; allowable
Tenet Tax Daily January 26, 2016
Sum paid to AE to make good its forex losses can’t be treated as management fee
Tenet Tax Daily January 25 2016
Co. rendering agency services to its foreign Head Office had to allocate exp. on basis of GP ratio instead of turnover
Tenet Tax Daily January 19 2016
Indian agent procuring ad air time for National Geographic & Fox Channel held as agency PE of foreign Co.
Tenet Tax Daily January 16 2016
Co. whose directors were facing charges of fraud couldn’t be accepted as comparable for TP study
Tenet Tax Daily January 14 2016
Failure of assessee to prove that NR-agent has no PE in India leads to disallowance of commission for TDS default
Tenet Tax Daily January 07 2016
Interest paid to NR on FCCB won’t accrue or arise in India if borrowed sum is utilized for overseas business
Tenet Tax Daily January 02 2016
Export commission paid to NR agent via banking channel couldn’t treated as unverifiable; allowable
Tenet Tax Daily December 31 2015
Delhi ITAT rejects bright line test to determine ALP of AMP exp; directs TPO to follow ratio of Sony Ericsson’s case
Tenet Tax Daily December 23 2015
Commission paid to agent for services rendered outside India wasn’t taxable if he didn’t have any PE in India
Tenet Tax Daily December 18 2015
No TDS on supplementary rent of Aircraft if no facilities or services were given by foreign lessor
Tenet Tax Daily December 17 2015
ITAT refused to invoke LOB clause of India-UAE treaty as shipping Co. wasn’t a conduit Co. in UAE
Tenet Tax Daily December 16 2015
Interest on foreign currency loan given to AE should be benchmarked as per LIBOR
Tenet Tax Daily December 04 2015
Sum received by Irish Co. for providing online access to its e-learning products in India is taxable as royalty
Tenet Tax Daily November 27 2015
No TP adjustment on pretext of outstanding receivables when working capital adjustment is already made
Tenet Tax Daily November 23 2015