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 income deemed to accrue or arise in India, including reimbursement received for SAP Software and Microsoft License fees, was held to be taxable as royalty receipts u/s 9(1)(vi) and Article 12 of the Double Taxation Avoidance Agreement (DTAA). The Dispute Resolution Panel (DRP) directed the Assessing Officer (AO) to examine the taxability of Information & Communication Technology Service Charges (ICT Service Charges) received from PVM India as Fees for Technical Services (FTS) under Article 12 of the DTAA. The Tribunal's decision in the assessee's own case for the previous year was limited to examining the factual aspects of the agreements and the nature of services in the context of the 'make available' clause introduced by the amendment dated 30.08.1999 in the India-Netherlands DTAA. The issue was restored to the AO to re-examine in light of the Tribunal's observations regarding the restricted scope of the 'make available' clause.
The income deemed to accrue or arise in India, including reimbursement received for SAP Software and Microsoft License fees, was held to be taxable as royalty receipts u/s 9(1)(vi) and Article 12 of the Double Taxation Avoidance Agreement (DTAA). The Dispute Resolution Panel (DRP) directed the Assessing Officer (AO) to examine the taxability of Information & Communication Technology Service Charges (ICT Service Charges) received from PVM India as Fees for Technical Services (FTS) under Article 12 of the DTAA. The Tribunal's decision in the assessee's own case for the previous year was limited to examining the factual aspects of the agreements and the nature of services in the context of the 'make available' clause introduced by the amendment dated 30.08.1999 in the India-Netherlands DTAA. The issue was restored to the AO to re-examine in light of the Tribunal's observations regarding the restricted scope of the 'make available' clause.
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