Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
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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