Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
ITAT held that amounts received by a non-resident corporate assessee (Belgian tax resident) from two Indian group entities do not constitute fees for technical services (FTS) under Article 12(3)(b) of the India-Belgium DTAA or s.9(1)(vii) of the Act on the facts before it. The Tribunal found the services were not managerial, technical or consultancy in character; where some tasks might prima facie meet technical or consultancy tests, the Department failed to discharge the onus by adducing cogent evidence. The Functional Services Agreement and prior non-classification of receipts supported the assessee. The ITAT reversed the Departmental treatment of the receipts as FTS (and rejected inconsistent royalty/FTS characterisation).
ITAT held that amounts received by a non-resident corporate assessee (Belgian tax resident) from two Indian group entities do not constitute fees for technical services (FTS) under Article 12(3)(b) of the India-Belgium DTAA or s.9(1)(vii) of the Act on the facts before it. The Tribunal found the services were not managerial, technical or consultancy in character; where some tasks might prima facie meet technical or consultancy tests, the Department failed to discharge the onus by adducing cogent evidence. The Functional Services Agreement and prior non-classification of receipts supported the assessee. The ITAT reversed the Departmental treatment of the receipts as FTS (and rejected inconsistent royalty/FTS characterisation).
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
