Chapter XII-DA - SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME OF DOMESTIC COMPANY FOR BUY-BACK OF SHARES (From Section 115QA to Section 115QC)
Part C - Procedure for filing of return in respect of fringe benefits, assessment and payment of tax in respect thereof (From Section 115WD to Section 115WM)
Chapter XX-B - REQUIREMENT AS TO MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX (From Section 269SS to Section 269TT)
Royalty and technical fees taxation: treat connected receipts as business profits with restricted deductions and audit obligations. Income by way of royalty or fees for technical services received from Government or an Indian concern by a non-resident or foreign company is to be computed under Profits and gains of business or profession where the non-resident carries on business in India through a permanent establishment or performs services from a fixed place in India and the right, property or contract is effectively connected with that establishment; deductions not wholly and exclusively incurred for the Indian establishment and amounts remitted to head office (other than reimbursements) are disallowed.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Royalty and technical fees taxation: treat connected receipts as business profits with restricted deductions and audit obligations.
Income by way of royalty or fees for technical services received from Government or an Indian concern by a non-resident or foreign company is to be computed under Profits and gains of business or profession where the non-resident carries on business in India through a permanent establishment or performs services from a fixed place in India and the right, property or contract is effectively connected with that establishment; deductions not wholly and exclusively incurred for the Indian establishment and amounts remitted to head office (other than reimbursements) are disallowed.
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