https://www.taxtmi.com/caselaws?id=270339 Advertisement revenue earned by a foreign television enterprise was taxable in India as business profits attributable to a dependent agent permanent establishment. Although the airtime-selling agreement was labelled principal to principal and provided fixed consideration, substance prevailed: advertisement airtime was not independently usable by the Indian counterparty, which merely canvassed advertisements for telecast on the foreign enterprise's channels. The distribution-fee characterisation as royalty required fresh examination under the agreement, treaty, domestic law and later statutory clarification concerning "process"; that issue was remanded for reconsideration. en-us Wed, 16 Dec 2015 00:00:00 +0530 Sat, 30 Apr 2016 10:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=270339 Advertisement revenue earned by a foreign television enterprise was taxable in India as business profits attributable to a dependent agent permanent establishment. Although the airtime-selling agreement was labelled principal to principal and provided fixed consideration, substance prevailed: advertisement airtime was not independently usable by the Indian counterparty, which merely canvassed advertisements for telecast on the foreign enterprise's channels. The distribution-fee characterisation as royalty required fresh examination under the agreement, treaty, domestic law and later statutory clarification concerning "process"; that issue was remanded for reconsideration. Case-Laws Income Tax Wed, 16 Dec 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=270339