Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4786
Join Channel
TaxTMI 
