SEZ-unit profit deduction covers voluntary transfer-pricing adjustments, while exempt-income costs, foreign-exchange loss and ITeS comparables are exa...
Infrastructure-development deduction remains available to EPC contractors when substantive statutory conditions outweigh contractor labels in agreemen...
Explained Investment Sources: documented gifts and traceable salary savings supported deletion of additions for property and mutual-fund SIP investmen...
Internal comparable pricing supports arm's-length interest on compulsorily convertible debentures, preventing their recharacterisation as equity for t...
Customer-referral commission, calculated as a fixed percentage of sales to referred customers, does not constitute fees for technical services under the India-Netherlands tax treaty or the Act where no technical or consultancy service, design, technology, or know-how is provided or made available for independent future use. Such commission is business income and is not taxable in India under the treaty in the absence of a permanent establishment. Beneficial treaty treatment must be given effect, and withholding-tax credit relating to interest on income-tax refunds must be granted in accordance with law.
Customer-referral commission, calculated as a fixed percentage of sales to referred customers, does not constitute fees for technical services under the India-Netherlands tax treaty or the Act where no technical or consultancy service, design, technology, or know-how is provided or made available for independent future use. Such commission is business income and is not taxable in India under the treaty in the absence of a permanent establishment. Beneficial treaty treatment must be given effect, and withholding-tax credit relating to interest on income-tax refunds must be granted in accordance with law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4913 
