Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Reinsurance premiums from Indian cedants were held not taxable in India where the arrangement did not create a business connection under domestic law nor a permanent establishment under the India-Germany DTAA; the India branch is part of the foreign enterprise, not an agent, and was not involved in direct business so no direct-business income is attributable to it. Payments from the branch to head office for IT and management costs were held not taxable as FTS and not attributable under the attribution rule for a PE. AO directed to recompute MAT properly from returned business loss. Interest on tax refund limited to the treaty interest rate; surcharge and cess deleted.
Reinsurance premiums from Indian cedants were held not taxable in India where the arrangement did not create a business connection under domestic law nor a permanent establishment under the India-Germany DTAA; the India branch is part of the foreign enterprise, not an agent, and was not involved in direct business so no direct-business income is attributable to it. Payments from the branch to head office for IT and management costs were held not taxable as FTS and not attributable under the attribution rule for a PE. AO directed to recompute MAT properly from returned business loss. Interest on tax refund limited to the treaty interest rate; surcharge and cess deleted.
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