International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
The case involved the taxability of Fees for Technical Services (FTS) u/s India-Thailand DTAA. The Appellate Tribunal held that if revenue arises from "profits of an enterprise" u/r Article 7, Article 22 is inapplicable. The AO wrongly invoked Article 22 based on the web portal info, not the Memorandum of Association. FTS falls under business income unless proven otherwise. The existence of Permanent Establishment (PE) in India was wrongly assumed without proper examination. The services provided were technical, managerial, or consultancy, constituting FTS as part of business income, not falling u/s any DTAA article. The AO failed to establish why FTS is not part of business income, so Article 22 couldn't apply. Decision favored the assessee.
The case involved the taxability of Fees for Technical Services (FTS) u/s India-Thailand DTAA. The Appellate Tribunal held that if revenue arises from "profits of an enterprise" u/r Article 7, Article 22 is inapplicable. The AO wrongly invoked Article 22 based on the web portal info, not the Memorandum of Association. FTS falls under business income unless proven otherwise. The existence of Permanent Establishment (PE) in India was wrongly assumed without proper examination. The services provided were technical, managerial, or consultancy, constituting FTS as part of business income, not falling u/s any DTAA article. The AO failed to establish why FTS is not part of business income, so Article 22 couldn't apply. Decision favored the assessee.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
