Political contribution deductions require genuine transactions; banking records and party registration alone cannot defeat evidence of accommodation e...
Post-death GST liability permits fresh proceedings against legal representatives, while discontinued-business recovery remains limited to the inherite...
Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
The ITAT affirmed the CIT(A) and allowed the appeal of the assessee, holding that amounts received under the Regional Service Agreement constitute business profits under Article 7 of the India-Singapore DTAA and not "royalty" under s.9(1)(vi)/Article 12. The Tribunal found no transfer or grant of a right to use intangible property, nor any imparting of a corpus of industrial, commercial or scientific experience; services were performed outside India by regional personnel and remunerated on a cost-sharing basis with no PE in India. Accordingly the AO's royalty addition was unsustainable and the receipts are not taxable in India; decision in favour of the assessee is affirmed.
The ITAT affirmed the CIT(A) and allowed the appeal of the assessee, holding that amounts received under the Regional Service Agreement constitute business profits under Article 7 of the India-Singapore DTAA and not "royalty" under s.9(1)(vi)/Article 12. The Tribunal found no transfer or grant of a right to use intangible property, nor any imparting of a corpus of industrial, commercial or scientific experience; services were performed outside India by regional personnel and remunerated on a cost-sharing basis with no PE in India. Accordingly the AO's royalty addition was unsustainable and the receipts are not taxable in India; decision in favour of the assessee is affirmed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
