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...
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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