Head Office cost allocation requires prescribed transfer-pricing methods; treaty ceilings bar surcharge and cess, while duplicate taxation is excluded...
Cost-to-cost reimbursement of seconded employees is not service consideration; transfer-pricing markup was deleted and amalgamation amortisation allow...
Crystallisation of liability supports prior-period expense deduction, while functionally distinct divisions require separate transfer-pricing benchmar...
Functional comparability under TNMM requires transaction-specific FAR analysis before benchmarking business-support services provided to associated en...
India-Ireland DTAA protection for aircraft dry-lease rentals cannot be denied under the Multilateral Instrument's Principal Purpose Test unless Articles 6 and 7 have been specifically notified under section 90(1); valid tax residency, substantive commercial activity and cross-border leasing alone do not establish impermissible treaty shopping. Article 8(1) covers profits from operating or renting aircraft in international traffic, allocating the rentals solely to Ireland and prevailing over general business-profits provisions. Aircraft presence and ordinary inspection, maintenance and repossession rights do not create a fixed-place permanent establishment. Where ownership, return obligations and repossession rights remain with the lessor, dry leases are operating leases rather than interest-bearing finance leases.
India-Ireland DTAA protection for aircraft dry-lease rentals cannot be denied under the Multilateral Instrument's Principal Purpose Test unless Articles 6 and 7 have been specifically notified under section 90(1); valid tax residency, substantive commercial activity and cross-border leasing alone do not establish impermissible treaty shopping. Article 8(1) covers profits from operating or renting aircraft in international traffic, allocating the rentals solely to Ireland and prevailing over general business-profits provisions. Aircraft presence and ordinary inspection, maintenance and repossession rights do not create a fixed-place permanent establishment. Where ownership, return obligations and repossession rights remain with the lessor, dry leases are operating leases rather than interest-bearing finance leases.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4915 
