ESOP expenditure allowed as FMV difference; long-term capital gain issue sent back for collector rate determination; deferred income additions disallo...
Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
ITAT held in favour of the appellant that amounts received for rendering IT support and non-IT services are not taxable as Fee for Technical Services/Fee for Included Services under the Act or the India-UK DTAA for purposes of TDS u/s 195. The Tribunal affirmed the DRP's factual finding that "IT support" and "IT development" services were dissimilar and found no reliable evidence that technical knowledge, skill or know-how was made available to the associated enterprise in India or that the assessee enabled the AE to perform the services independently. Consequently the additions treating receipts as FTS/FIS were deleted and both grounds of appeal were allowed.
ITAT held in favour of the appellant that amounts received for rendering IT support and non-IT services are not taxable as Fee for Technical Services/Fee for Included Services under the Act or the India-UK DTAA for purposes of TDS u/s 195. The Tribunal affirmed the DRP's factual finding that "IT support" and "IT development" services were dissimilar and found no reliable evidence that technical knowledge, skill or know-how was made available to the associated enterprise in India or that the assessee enabled the AE to perform the services independently. Consequently the additions treating receipts as FTS/FIS were deleted and both grounds of appeal were allowed.
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