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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HC upheld ITAT's determination that payments to three non-resident companies did not constitute 'royalty' under applicable DTAA. Court rejected Revenue's reliance on overruled Samsung Electronics precedent and aligned with Engineering Analysis SC ruling. HC clarified that sale of copyrighted software to end-users does not amount to transfer of copyright owner's exclusive rights, distinguishing between sale of copyrighted articles and transfer of copyright itself. Interpretation of Section 9(1)(vi) of Income Tax Act must be harmonized with DTAA provisions. The matter was resolved in favor of assessee, confirming no TDS liability under Section 195 for the disputed payments.
HC upheld ITAT's determination that payments to three non-resident companies did not constitute 'royalty' under applicable DTAA. Court rejected Revenue's reliance on overruled Samsung Electronics precedent and aligned with Engineering Analysis SC ruling. HC clarified that sale of copyrighted software to end-users does not amount to transfer of copyright owner's exclusive rights, distinguishing between sale of copyrighted articles and transfer of copyright itself. Interpretation of Section 9(1)(vi) of Income Tax Act must be harmonized with DTAA provisions. The matter was resolved in favor of assessee, confirming no TDS liability under Section 195 for the disputed payments.
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