Capital Asset Conversion Requires Proven Business Stock Treatment; Paper Consideration in Spousal Flat Transfers Does Not Create Taxable Business Inco...
Human-probability test defeats political donation deduction where banking records mask accommodation-entry fund layering and evidence shows non-genuin...
Commercial property status protects capital-gains exemption when residential-house ownership limits are tested, while agricultural-land character gove...
Investigation deposits refunded after failed customs demands fall outside the statutory appellate pre-deposit interest regime and may attract compensa...
Resolution plan finality extinguishes unquantified operational-creditor claims and pending proceedings unless the approved plan expressly preserves th...
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ITAT held that the consideration received by the assessee, a Netherlands tax resident, for rendering business support services to its Indian group entity is not taxable in India as fee for technical services under Article 12 of the India-Netherlands DTAA. On examining the nature of services, ITAT concluded they are predominantly managerial and Article 12(5) does not encompass managerial services within FTS. Further, even on an arguendo basis, ITAT found that the "make available" condition was not satisfied, as no technical knowledge, experience, skill or know-how was made available to enable independent use by the recipient. Accordingly, the addition made by the AO was deleted and the assessee's appeal allowed.
ITAT held that the consideration received by the assessee, a Netherlands tax resident, for rendering business support services to its Indian group entity is not taxable in India as fee for technical services under Article 12 of the India-Netherlands DTAA. On examining the nature of services, ITAT concluded they are predominantly managerial and Article 12(5) does not encompass managerial services within FTS. Further, even on an arguendo basis, ITAT found that the "make available" condition was not satisfied, as no technical knowledge, experience, skill or know-how was made available to enable independent use by the recipient. Accordingly, the addition made by the AO was deleted and the assessee's appeal allowed.
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