The
present ruling reiterates the principle that transfer of technology is a
condition precedent to satisfy the ‘make available’ criteria. The phase ‘make
available’ has been the subject matter of many rulings in India, wherein it has
been held that the recipient should be in a position to derive an enduring
benefit and is in a position to utilize the knowledge or know-how in future on
its own. The ruling indicates that transfer of blueprints, i.e., technical
plans, designs etc. which enables the payer to use the same without recourse to
the provider of services, for executing projects in the future, satisfies the
test of ‘make available’ and, accordingly, is taxable as FIS
Sunday 28 July 2013
Mumbai ITAT rules that blueprints, to be used in future, satisfy the test of ‘make available
Subscribe to:
Post Comments (Atom)
Requirement to dematerialize shares of private limited companies
The Ministry of Corporate Affairs in October 2023 had mandated private companies and their shareholders to dematerialize their shareholding...
-
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...
-
1. Introduction: Every trust/charitable society/ NGO that wishes to claim the tax exemption benefits has to file Form 10A to seek fresh re...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
NECESSITY : Sometimes, in view of the expansion of the business, multiple increase in turnover and need for getting finances from the ...
-
Filing income tax returns (ITR) within the specified timelines under the Income-tax Act is not just a legal obligation but also crucial fo...
-
Earlier this year, the Mauritius Government approved the amendment to the India – Mauritius tax treaty, aligning it with the proposal of th...
-
This Tax Alert summarizes a recent instruction issued by the SEZ Division, Department of Commerce, clarifying various concerns relating t...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC) [1] dealing with the issue of denial of input tax credit (ITC) ...
-
Section 17(5)(c) and (d) of the Central Goods and Services Tax Act, 2017, blocks input tax credit for works contract services, goods or serv...
-
Clause of Section 17(5)
No comments:
Post a Comment