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Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
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Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
Income taxable in India - PE in India - Assessee was not required to manage day-to-day operations of the Hotel. - The Assessee was also required to broadly oversee the implementation of its policies. - Hyatt India was required to implement the strategic policies as set out by the Assessee. - It is clear that the said fee is not a consideration for use of or the right to use any process or for information of commercial or scientific experience. - Thus the consideration received by the Assessee in terms of SOSA cannot be termed as Royalty under Article 12 of the DTAA. It is clearly in the nature of business income. - Assessee had a PE in India in the form of a fixed place through which it carried on its business. - HC
Income taxable in India - PE in India - Assessee was not required to manage day-to-day operations of the Hotel. - The Assessee was also required to broadly oversee the implementation of its policies. - Hyatt India was required to implement the strategic policies as set out by the Assessee. - It is clear that the said fee is not a consideration for use of or the right to use any process or for information of commercial or scientific experience. - Thus the consideration received by the Assessee in terms of SOSA cannot be termed as Royalty under Article 12 of the DTAA. It is clearly in the nature of business income. - Assessee had a PE in India in the form of a fixed place through which it carried on its business. - HC
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