Handicraft job work receives concessional GST only for registered principals and predominantly handmade goods; commercial resin articles remain taxabl...
Reassessment disclosure requirements permit stated reasons without revealing information sources, but prior-taxation claims require full examination b...
Independent assessment discretion and corroborated electronic evidence determine validity of on-money additions and undisclosed-consideration assessme...
The ITAT ruled that the Indian entity (RIC) was not a dependent agent permanent establishment (DAPE) under Article 5 of the USA-India DTAA, following its previous decision for AY 2011-12 where identical contractual arrangements existed. Consequently, no business income could be attributed to the foreign taxpayer for taxation in India. Regarding design and drawing services, the Tribunal determined these were integral components of plant and machinery imports, with payments received outside India. The services constituted business income under Article 7 of the DTAA, not separately taxable under Article 12. Without a PE in India, these receipts could not be taxed as business income nor classified as fees for technical services under section 9(1)(vii). Appeal decided in taxpayer's favor.
The ITAT ruled that the Indian entity (RIC) was not a dependent agent permanent establishment (DAPE) under Article 5 of the USA-India DTAA, following its previous decision for AY 2011-12 where identical contractual arrangements existed. Consequently, no business income could be attributed to the foreign taxpayer for taxation in India. Regarding design and drawing services, the Tribunal determined these were integral components of plant and machinery imports, with payments received outside India. The services constituted business income under Article 7 of the DTAA, not separately taxable under Article 12. Without a PE in India, these receipts could not be taxed as business income nor classified as fees for technical services under section 9(1)(vii). Appeal decided in taxpayer's favor.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
