Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
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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