Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
ITAT considered whether cross-border corporate service payments attracted TDS under section 195 by examining classification as fees for technical services and existence of a permanent establishment. The tribunal found the services did not make available technical knowledge, experience, skill, know-how or processes, so the payments did not qualify as FTS under the IndiaSingapore DTAA and were at best business profits. It further held there was no fixed-place PE nor dependent agent PE on the record, and mere remote support/coordination was insufficient; consequently the receipts were not taxable in India and no TDS obligation arose, so section 40(a)(i) invocation was unwarranted and the appeal was allowed.
ITAT considered whether cross-border corporate service payments attracted TDS under section 195 by examining classification as fees for technical services and existence of a permanent establishment. The tribunal found the services did not make available technical knowledge, experience, skill, know-how or processes, so the payments did not qualify as FTS under the IndiaSingapore DTAA and were at best business profits. It further held there was no fixed-place PE nor dependent agent PE on the record, and mere remote support/coordination was insufficient; consequently the receipts were not taxable in India and no TDS obligation arose, so section 40(a)(i) invocation was unwarranted and the appeal was allowed.
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