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)
Interest on Foreign Currency Loan & Corresponding Forex Loss for Strategic Share Acquisition Held Deductible as Revenue Expenditure
The tax treatment of interest on funds borrowed to acquire shares hinges on a single, crucial distinction: the purpose behind the acqu...
-
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...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
There are certain changes in India's tax rules for TDS on payments made to non-residents. The Income Tax Act, 2025 ('ITA 2025'...
-
Recent judicial pronouncements across different forums have clarified several important aspects of Indian income tax law, particularly relat...
-
Ahmedabad Tribunal Special Bench has ruled that corpus distributed on dissolution of an offshore discretionary trust to resident Indian be...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
Did you come across many errors and mistakes while checking your CIBIL report status? Are you wondering how to clear yourself out of CIBIL ...
-
The Income Tax department has been modified the Form No. 15G & 15G as per amended notification No. 11/2013 [F.NO.142/31/2012-SO(TPL)]/...
No comments:
Post a Comment