Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
The ITAT addressed TDS u/s 195 withholding tax demand by the AO on foreign remittances for clinical trials, consultancy, and market surveys. The "make available" clause in tax treaties was interpreted. The ITAT found in favor of the assessee for remittances to USA-Canada parties and payments for science data base access, as they did not constitute royalty. Payment to Cambridgesoft for software purchase was not considered royalty. For fees paid to Thailand companies, no specific provision existed in the India-Thailand tax treaty, and since the companies had no permanent establishments in India, the income was not taxable in India. Payment to a Sri Lanka-based party for market survey was not considered technical services under section 9(1)(vii) of the Act. The CIT(A)'s decision to delete the demand was upheld, and the revenue's appeal was dismissed.
The ITAT addressed TDS u/s 195 withholding tax demand by the AO on foreign remittances for clinical trials, consultancy, and market surveys. The "make available" clause in tax treaties was interpreted. The ITAT found in favor of the assessee for remittances to USA-Canada parties and payments for science data base access, as they did not constitute royalty. Payment to Cambridgesoft for software purchase was not considered royalty. For fees paid to Thailand companies, no specific provision existed in the India-Thailand tax treaty, and since the companies had no permanent establishments in India, the income was not taxable in India. Payment to a Sri Lanka-based party for market survey was not considered technical services under section 9(1)(vii) of the Act. The CIT(A)'s decision to delete the demand was upheld, and the revenue's appeal was dismissed.
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