Supervisory permanent establishment requires project-wise duration and qualifying construction nexus; offshore supplies and salary reimbursements rema...
Transfer-pricing comparability permits fresh objections and filters where software service comparables are functionally unsuitable for arm's-length pr...
Territorial rendering requirement excludes China-based management and consultancy services from fees for technical services under the India-China DTAA...
ITAT allowed the assessee's additional claim, holding that while the AO may lack jurisdiction to adjudicate an additional claim absent a revised return, the appellate authority possesses jurisdiction to admit such a claim. The Tribunal found prima facie merit in the assessee's contention that she is a not-ordinarily-resident and not a resident, and that certain foreign income should therefore not be taxable in India. The appeal was remitted to the AO for a limited purpose: to verify the assessee's period of stay from 01.04.2005 to 31.03.2012 under section 6(6) of the Income-tax Act, determine residential status, and grant any reliefs as per law. Grounds 1 and 2 were allowed for statistical purposes.
ITAT allowed the assessee's additional claim, holding that while the AO may lack jurisdiction to adjudicate an additional claim absent a revised return, the appellate authority possesses jurisdiction to admit such a claim. The Tribunal found prima facie merit in the assessee's contention that she is a not-ordinarily-resident and not a resident, and that certain foreign income should therefore not be taxable in India. The appeal was remitted to the AO for a limited purpose: to verify the assessee's period of stay from 01.04.2005 to 31.03.2012 under section 6(6) of the Income-tax Act, determine residential status, and grant any reliefs as per law. Grounds 1 and 2 were allowed for statistical purposes.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4879 
