Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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Assessee employed by Indian entity but sent on long-term international assignment to Singapore. Salary received in India for administrative reasons, but employment exercised in Singapore. Assessee non-resident in India, resident of Singapore evidenced by Tax Residency certificates. Income offered to tax in Singapore, taxes paid thereon, no credit of Tax paid in India taken in Singapore. Assessee entitled to benefit of Article 15 of relevant DTAA, salary taxable in country where employment exercised. AO to verify income offered to tax in Singapore, taxes paid, no credit of Taxes paid in India taken by assessee in Singapore. As per Sec. 15(a), regular salary chargeable to tax. Sec. 9(1)(ii), salary income deemed to accrue or arise in India if earned in India for services rendered in India. Treaty benefit applicable to persons residents of both India and treaty partner country. Salary earned for work performed in treaty partner country taxable there.
Assessee employed by Indian entity but sent on long-term international assignment to Singapore. Salary received in India for administrative reasons, but employment exercised in Singapore. Assessee non-resident in India, resident of Singapore evidenced by Tax Residency certificates. Income offered to tax in Singapore, taxes paid thereon, no credit of Tax paid in India taken in Singapore. Assessee entitled to benefit of Article 15 of relevant DTAA, salary taxable in country where employment exercised. AO to verify income offered to tax in Singapore, taxes paid, no credit of Taxes paid in India taken by assessee in Singapore. As per Sec. 15(a), regular salary chargeable to tax. Sec. 9(1)(ii), salary income deemed to accrue or arise in India if earned in India for services rendered in India. Treaty benefit applicable to persons residents of both India and treaty partner country. Salary earned for work performed in treaty partner country taxable there.
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