Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Outright software purchase consideration is described as business income rather than royalty where the transaction amounts to sale of a product. The note states that, because the Malaysian enterprise had no permanent establishment in India, such income was not taxable in India under Article 7 of the India-Malaysia DTAA and no withholding obligation arose under section 195. A separate payment for intellectual property rights is treated as subject to tax deduction at the applicable treaty rate. It further records that the payer was not treated as an assessee in default and that interest for non-deduction was not leviable.
Outright software purchase consideration is described as business income rather than royalty where the transaction amounts to sale of a product. The note states that, because the Malaysian enterprise had no permanent establishment in India, such income was not taxable in India under Article 7 of the India-Malaysia DTAA and no withholding obligation arose under section 195. A separate payment for intellectual property rights is treated as subject to tax deduction at the applicable treaty rate. It further records that the payer was not treated as an assessee in default and that interest for non-deduction was not leviable.
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