Functional comparability governs selection of support-service and IT-enabled service comparables, with verification required for unresolved data and m...
Bank account freezing requires statutory authority; anti-money-laundering compliance and KYC monitoring do not permit unilateral indefinite restrictio...
ITAT held that commission payments made by the assessee to Bangladesh-based non-resident agents for services rendered wholly outside India did not accrue or arise in India and therefore were not taxable in India; accordingly, the assessee was not obliged to deduct tax at source under s.195. The Tribunal accepted treaty relief under s.90(2) insofar as the recipients were non-resident and their income was not taxable in India. The payments were also held not to constitute royalty or fees for technical services; inspection/checking activities carried out using software/technology were not transformable into royalty/FTS. Decision pronounced in favour of the assessee.
ITAT held that commission payments made by the assessee to Bangladesh-based non-resident agents for services rendered wholly outside India did not accrue or arise in India and therefore were not taxable in India; accordingly, the assessee was not obliged to deduct tax at source under s.195. The Tribunal accepted treaty relief under s.90(2) insofar as the recipients were non-resident and their income was not taxable in India. The payments were also held not to constitute royalty or fees for technical services; inspection/checking activities carried out using software/technology were not transformable into royalty/FTS. Decision pronounced in favour of the assessee.
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