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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The ITAT held that secondment charges are not taxable as Fees for Included Services (FIS) under Article 12 of the India-USA DTAA. The tribunal found that cost-to-cost reimbursement for seconded employees cannot be treated as FTS, as the personnel are employees of the firm whose income is already taxed as salary. The court interpreted "professional services" in Article 15(2) as an inclusive definition encompassing various professional categories, not limited to those governed by professional bodies. Consequently, the tribunal directed the Assessing Officer to delete the addition, ruling in favor of the assessee and affirming that the secondment charges do not satisfy the "make available" requirement under the DTAA.
The ITAT held that secondment charges are not taxable as Fees for Included Services (FIS) under Article 12 of the India-USA DTAA. The tribunal found that cost-to-cost reimbursement for seconded employees cannot be treated as FTS, as the personnel are employees of the firm whose income is already taxed as salary. The court interpreted "professional services" in Article 15(2) as an inclusive definition encompassing various professional categories, not limited to those governed by professional bodies. Consequently, the tribunal directed the Assessing Officer to delete the addition, ruling in favor of the assessee and affirming that the secondment charges do not satisfy the "make available" requirement under the DTAA.
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