Mumbai ITAT holds that
consideration of Rs.112.83 lakhs received by assessee (a UAE
based Booz group company) for providing technical/professional
personnel to its Indian associated enterprise (i.e. Booz India)
during AY 2011-12, not taxable as business income under Article 7 of India-UAE
DTAA absent assessee’s PE in India; Rejects Revenue’s reliance on AAR
ruling which had held in case of other Booz group companies that they had PE in
India & income received by them from Indian companies was taxable as
business profit under Article 7; ITAT accepts assessee’s stand that without
examining the facts available in the present case, “the ruling given by
AAR in the group concern’s case should not have been taken by the tax
authorities as the basis for determining the existence or otherwise of PE of the
assessee herein”; Notes that the fees received by assessee for
provision of technical/professional personnel were in the nature of business
receipts; However, observes that there was no service PE constituted
since assessee’s employees worked for 156 solar days (i.e. lesser than 9 months
threshold), also notes that there was no fixed place PE as Booz India did
not earmark any specific place under the control or disposal of the assessee,
further rejects constitution of dependent agency PE :ITAT
Subscribe to:
Post Comments (Atom)
Pre-GST taxes cannot be refunded if paid pursuant to an inquiry
This is to update you about an important decision by Tribunal in the case of Filatex India Limited vs. CCE & ST , E A No. 10231 of ...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
This is to update you about an important decision by Tribunal in the case of Filatex India Limited vs. CCE & ST , E A No. 10231 of ...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
Is the Indian Finance Ministry's 2013 press release something the tax authorities have to follow? Sometimes, the Indian tax authorities ...
-
The GST department are issuing show cause notice to the taxpayers as the input credit available in GSTR-2A of the year is less than GS...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
One of the most disputed arguments between assessee and income tax department is that whether payments made towards specified expend...
-
We all are currently in the process of submitting Rectification Applications under Section 161 of GST Laws for errors that are evident fro...
-
1. In a significant move, the Central Board of Direct Taxes (CBDT) has released new guidelines aimed at ensuring the priority or out-of...
-
The circular of the Board dt. 28.06.1965 No. 17 (XL-36), provides for inspection fees and fees for certified copies of assessment and...
No comments:
Post a Comment