Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
The ITAT followed its co-ordinate Bench rulings in the assessee's own earlier years on materially identical facts and found no change in law or evidence to justify a different view. It held that the presence of related entities in India and the support services they rendered did not create a fixed place, service or dependent agent PE, or a business connection, so reinsurance and retrocession receipts were not taxable in India as business profits under the treaty. It also held that the support service receipts failed the make-available test because no technical knowledge, skill, know-how or process was transferred for independent future use, and the amounts were therefore not taxable as fees for technical services. The impugned additions were deleted.
The ITAT followed its co-ordinate Bench rulings in the assessee's own earlier years on materially identical facts and found no change in law or evidence to justify a different view. It held that the presence of related entities in India and the support services they rendered did not create a fixed place, service or dependent agent PE, or a business connection, so reinsurance and retrocession receipts were not taxable in India as business profits under the treaty. It also held that the support service receipts failed the make-available test because no technical knowledge, skill, know-how or process was transferred for independent future use, and the amounts were therefore not taxable as fees for technical services. The impugned additions were deleted.
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