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 allowed the assessee's appeal regarding data transmission service receipts classified as royalty under Section 9(1)(vi) and Article 12(4) of the India-Netherlands DTAA. The Tribunal followed consistent precedents from assessment years 2006-07 to 2021-22, including High Court decisions in the assessee's own case. The Tribunal held that Finance Act 2012 amendments do not affect existing DTAA Article 12 provisions, and the Asia Satellite precedent's interpretation of "royalty" remains applicable for pre-2012 assessment years and DTAA cases. The addition was deleted as data transmission service income does not constitute royalty unless DTAAs are bilaterally amended to specifically include such services within the royalty definition.
ITAT allowed the assessee's appeal regarding data transmission service receipts classified as royalty under Section 9(1)(vi) and Article 12(4) of the India-Netherlands DTAA. The Tribunal followed consistent precedents from assessment years 2006-07 to 2021-22, including High Court decisions in the assessee's own case. The Tribunal held that Finance Act 2012 amendments do not affect existing DTAA Article 12 provisions, and the Asia Satellite precedent's interpretation of "royalty" remains applicable for pre-2012 assessment years and DTAA cases. The addition was deleted as data transmission service income does not constitute royalty unless DTAAs are bilaterally amended to specifically include such services within the royalty definition.
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