Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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Receipts from India for satellite transmission services were assessed as "process royalty" and "equipment royalty" under s. 9(1)(vi) and Article 12 of the India-Hong Kong DTAA. The tribunal held that a DTAA, being akin to negotiated legislation, cannot be unilaterally widened by subsequent domestic-law amendments; where the DTAA defines "royalty" more narrowly, the Revenue cannot superimpose the expanded domestic definition to defeat treaty protection. Applying Article 12, the fees for satellite transmission services were held not to constitute "royalty", and by virtue of s. 90(2), the more beneficial treaty provision prevailed, resulting in deletion of the royalty characterization and relief to the assessee - ITAT
Receipts from India for satellite transmission services were assessed as "process royalty" and "equipment royalty" under s. 9(1)(vi) and Article 12 of the India-Hong Kong DTAA. The tribunal held that a DTAA, being akin to negotiated legislation, cannot be unilaterally widened by subsequent domestic-law amendments; where the DTAA defines "royalty" more narrowly, the Revenue cannot superimpose the expanded domestic definition to defeat treaty protection. Applying Article 12, the fees for satellite transmission services were held not to constitute "royalty", and by virtue of s. 90(2), the more beneficial treaty provision prevailed, resulting in deletion of the royalty characterization and relief to the assessee - ITAT
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