Business expenditure deduction requires proof of genuine commission payments and commercial allowability; turnover growth alone cannot validate the cl...
Article 8 treaty coverage excluded third-party airline support services, while documented demonetisation cash receipts remained accepted business inco...
Functional comparability under TNMM requires highway contract benchmarks to reflect operation, maintenance and transfer activities, requiring fresh be...
Income deemed to accrue or arise in India - FTS/FIS - receipts pertaining to supply of software (including AMC services) - The tribunal confirmed that software licensing fees received by a U.S.-based company from an Indian entity do not constitute royalty but are instead business income, non-taxable in India due to the absence of a permanent establishment. Similarly, the AMC charges, closely tied to the software licensing, also do not meet the DTAA criteria for FTS as they do not make available any substantive technical knowledge or skills.
Income deemed to accrue or arise in India - FTS/FIS - receipts pertaining to supply of software (including AMC services) - The tribunal confirmed that software licensing fees received by a U.S.-based company from an Indian entity do not constitute royalty but are instead business income, non-taxable in India due to the absence of a permanent establishment. Similarly, the AMC charges, closely tied to the software licensing, also do not meet the DTAA criteria for FTS as they do not make available any substantive technical knowledge or skills.
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