Service permanent establishment requires non-auxiliary services, while arm's-length distributor remuneration precludes further profit attribution in I...
Make-available condition excludes standard SaaS subscription receipts where customers receive no independently usable technical knowledge after subscr...
Anonymous donation classification fails where charitable trusts maintain undisputed donor identity records and evidence corpus contributions' intended...
Transfer pricing method selection favours TNMM where medical-equipment distribution involves substantial post-import value addition and operational ri...
For fees for technical services, the Tribunal held that the domestic rate under section 115A(1)(b) applied because the remittance was within the RBI automatic route and no separate approval was required on the facts. It construed the approval condition practically, not as a barrier that would make compliance impossible, and applied section 90(2) to permit the assessee to use the more beneficial 10% domestic rate instead of the treaty rate. The education cess ground was dismissed as already settled against the assessee, and interest was treated as consequential.
For fees for technical services, the Tribunal held that the domestic rate under section 115A(1)(b) applied because the remittance was within the RBI automatic route and no separate approval was required on the facts. It construed the approval condition practically, not as a barrier that would make compliance impossible, and applied section 90(2) to permit the assessee to use the more beneficial 10% domestic rate instead of the treaty rate. The education cess ground was dismissed as already settled against the assessee, and interest was treated as consequential.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
