https://www.taxtmi.com/caselaws?id=244143 Receipts from an online marketplace were treated as business profits, not fees for technical or consultancy services, because the assessee only operated the platform and did not itself render managerial, technical or consultancy services. The Indian support entities were not a permanent establishment, as they did not habitually conclude or negotiate contracts, maintain stock, or otherwise satisfy the treaty conditions for a PE; without a PE, the business profits could not be taxed in India. TDS credit was therefore to be granted, and interest under section 234B was not leviable on a non-resident where tax, if any, was deductible at source. The additions and consequential levy were deleted. en-us Wed, 11 Sep 2013 00:00:00 +0530 Wed, 19 Feb 2014 14:08:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=244143 Receipts from an online marketplace were treated as business profits, not fees for technical or consultancy services, because the assessee only operated the platform and did not itself render managerial, technical or consultancy services. The Indian support entities were not a permanent establishment, as they did not habitually conclude or negotiate contracts, maintain stock, or otherwise satisfy the treaty conditions for a PE; without a PE, the business profits could not be taxed in India. TDS credit was therefore to be granted, and interest under section 234B was not leviable on a non-resident where tax, if any, was deductible at source. The additions and consequential levy were deleted. Case-Laws Income Tax Wed, 11 Sep 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=244143