Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
The HC held that the Liaison Office (LO) of the US company engaged in Money Transfer Services did not constitute a Permanent Establishment (PE) in India under the India-USA DTAA. The activities undertaken by the LO were preparatory or auxiliary in nature as per Article 5(3)(e) of the DTAA. The LO did not meet the criteria for a Fixed Place PE under Article 5(1) or a Dependent Agent PE under Article 5(4). The software deployed merely enabled Indian agents to communicate with US servers and did not create a PE. The premises of independent Indian agents could not be regarded as a PE of the US company. Thus, the income earned from customers outside India was not taxable in India. The HC ruled in favour of the assessee.
The HC held that the Liaison Office (LO) of the US company engaged in Money Transfer Services did not constitute a Permanent Establishment (PE) in India under the India-USA DTAA. The activities undertaken by the LO were preparatory or auxiliary in nature as per Article 5(3)(e) of the DTAA. The LO did not meet the criteria for a Fixed Place PE under Article 5(1) or a Dependent Agent PE under Article 5(4). The software deployed merely enabled Indian agents to communicate with US servers and did not create a PE. The premises of independent Indian agents could not be regarded as a PE of the US company. Thus, the income earned from customers outside India was not taxable in India. The HC ruled in favour of the assessee.
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