Revenue neutrality in domestic related-party loans can require deletion of interest transfer pricing adjustments after domestic-transaction verificati...
Pre-enactment land-sale agreements escape stamp-duty value substitution where substantial banking-channel consideration was received before Section 43...
TDS u/s 195 - Taxability of income in India - PE in India - taxation of offshore supplies - Taxation of Fee for Technical Services (FTS) in the absence of FTS article under India-Thailand DTAA. The Tribunal held that HCIL, a subsidiary of Honda Motors Company Ltd., was not required to deduct tax at source for payments made for purchase of raw materials, components, etc. from non-resident associated enterprises as they did not have a PE in India. The Tribunal observed that the DRP and the Department had accepted that these associated enterprises did not have a PE in India. Regarding taxation of offshore supplies, the Tribunal held that since HCIL did not have a PE in India, the directions to attribute profits to operations carried out in the PE were not applicable. Concerning FTS receipts, the Tribunal held that in the absence of an FTS article in the India-Thailand DTAA, and without a PE in India, the FTS receipts were not liable to tax in India as per Section 9(1)(vii) of the Act.
TDS u/s 195 - Taxability of income in India - PE in India - taxation of offshore supplies - Taxation of Fee for Technical Services (FTS) in the absence of FTS article under India-Thailand DTAA. The Tribunal held that HCIL, a subsidiary of Honda Motors Company Ltd., was not required to deduct tax at source for payments made for purchase of raw materials, components, etc. from non-resident associated enterprises as they did not have a PE in India. The Tribunal observed that the DRP and the Department had accepted that these associated enterprises did not have a PE in India. Regarding taxation of offshore supplies, the Tribunal held that since HCIL did not have a PE in India, the directions to attribute profits to operations carried out in the PE were not applicable. Concerning FTS receipts, the Tribunal held that in the absence of an FTS article in the India-Thailand DTAA, and without a PE in India, the FTS receipts were not liable to tax in India as per Section 9(1)(vii) of the Act.
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