Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
Receipts earned by a Netherlands tax resident from Indian airline customers were examined to determine whether they constituted "royalty" taxable in India under s. 9(1)(vi) and Article 12 of the India-Netherlands DTAA. The tribunal held that royalty under the treaty requires grant of use or right to use intellectual property, or provision of a secret process or formula, which was not established on the facts since no such rights or secret process were made available to customers. It further held that amendments to domestic law cannot be automatically imported into the DTAA for characterisation of royalty. Accordingly, the receipts were not taxable in India as royalty. - ITAT
Receipts earned by a Netherlands tax resident from Indian airline customers were examined to determine whether they constituted "royalty" taxable in India under s. 9(1)(vi) and Article 12 of the India-Netherlands DTAA. The tribunal held that royalty under the treaty requires grant of use or right to use intellectual property, or provision of a secret process or formula, which was not established on the facts since no such rights or secret process were made available to customers. It further held that amendments to domestic law cannot be automatically imported into the DTAA for characterisation of royalty. Accordingly, the receipts were not taxable in India as royalty. - ITAT
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
