Transfer-pricing benchmarking and capital-receipt principles sustained taxpayer relief, while unsupported property-advance write-offs remained disallo...
Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
For Article 5(2)(l) of the India-US DTAA, the service PE threshold is measured by the period of service activity in India, not by repeatedly counting overlapping employee presence as cumulative man-days. On the facts relied on by the CIT(A), the employees were present in India for only 72 solar days, so the 90-day threshold was not met and no service PE arose. In the absence of any other PE and with no contrary precedent or distinguishing facts shown, the treaty prevails and the receipts could not be taxed as business income under section 44BB. The deletion of the addition was therefore upheld.
For Article 5(2)(l) of the India-US DTAA, the service PE threshold is measured by the period of service activity in India, not by repeatedly counting overlapping employee presence as cumulative man-days. On the facts relied on by the CIT(A), the employees were present in India for only 72 solar days, so the 90-day threshold was not met and no service PE arose. In the absence of any other PE and with no contrary precedent or distinguishing facts shown, the treaty prevails and the receipts could not be taxed as business income under section 44BB. The deletion of the addition was therefore upheld.
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