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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ITAT held that hire charges for bareboat dredgers do not constitute "Royalty" under Article 12 of India-Netherlands DTAA, as the term specifically excludes payments for use of industrial, commercial, or scientific equipment. The Tribunal relied on precedents from Van Oord ACZ Equipment BV, Nederlandsche Overzee Baggermaatsehappiji BV, and International Seaport Dreding Ltd. cases. Furthermore, ITAT determined the appellant had no business connection or permanent establishment in India, rendering attribution of profits inapplicable. The Tribunal also rejected evidence from survey statements recorded under s.133A, noting they cannot be treated as conclusive without cross-examination. The appellant's appeal was allowed.
ITAT held that hire charges for bareboat dredgers do not constitute "Royalty" under Article 12 of India-Netherlands DTAA, as the term specifically excludes payments for use of industrial, commercial, or scientific equipment. The Tribunal relied on precedents from Van Oord ACZ Equipment BV, Nederlandsche Overzee Baggermaatsehappiji BV, and International Seaport Dreding Ltd. cases. Furthermore, ITAT determined the appellant had no business connection or permanent establishment in India, rendering attribution of profits inapplicable. The Tribunal also rejected evidence from survey statements recorded under s.133A, noting they cannot be treated as conclusive without cross-examination. The appellant's appeal was allowed.
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