Royalty and technical service income computed net when connected to a permanent establishment, taxed at regular rates. Income by way of royalty or fees for technical services received by non-residents and foreign companies from the government or an Indian concern is computed on a net income basis, allowing business expense deductions where the non-resident operates through a permanent establishment or fixed place of profession in India and the relevant right, property or contract is effectively connected with that establishment; deductions are limited to expenses wholly and exclusively for that establishment and payments to head office or other offices are disallowed except reimbursements of actual expenses.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Royalty and technical service income computed net when connected to a permanent establishment, taxed at regular rates.
Income by way of royalty or fees for technical services received by non-residents and foreign companies from the government or an Indian concern is computed on a net income basis, allowing business expense deductions where the non-resident operates through a permanent establishment or fixed place of profession in India and the relevant right, property or contract is effectively connected with that establishment; deductions are limited to expenses wholly and exclusively for that establishment and payments to head office or other offices are disallowed except reimbursements of actual expenses.
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