Liaison Office of Non Resident Printing Entity in India can treated as PE under Article 5(2) India-Germany DTAA: ITAT [Read Order]
The Delhi bench of Income Tax Appellate Tribunal ( ITAT ) held that liaison offices of non-resident printing entities in India could be treated as Permanent Establishment ( PE ) under Article 5(2) of India-Germany Double Taxation
Amount received by Adobe from Supply of Software and Automated Services not Taxable in India When Profit not attributed to PE: ITAT [Read Order]
The Delhi bench of the Income Tax Appellate Tribunal( ITAT ) has held that amount received by Adobe from the supply of software and automated services is not taxable in India when profit is not
CBDT invites stakeholder comments on report pertaining to Profit Attribution to Permanent Establishment in India
The Central Board of Direct Taxes ( CBDT ) places the report of the Committee on Profit Attribution on online public domain and invites suggestions/comments to be furnished electronically within 30 days from the date
Tax Liability of Foreign Company u/s 44BB towards the Income earned by them in India is subject to the PE concept: Delhi HC [DOWNLOAD JUDGMENT]
The appellant PGS Exploration is a Norwegian Company (Foreign Company)engaged in the business of providing Geophysical services worldwide. These services include the services of acquiring and processing two dimensional and three-dimensional seismic data (both on
CBDT notifies Conditions for Exemption of Income Accrued or Received by Non-Resident as a result of Transfer of Non-deliverable Forward Contracts [Read Notification]
The Central Board of Direct Taxes (CBDT) has notified conditions for exemption of income accrued or received by, non-resident as a result of transfer of non-deliverable forward contracts. The Board has notified the Income-tax (33rd
No Profits attributable to PE if it records a Global Net Loss: Delhi HC grants relief to Nokia [Read Order]
In  a recent judgment pronounced by Delhi High Court, chaired by Justice Rajiv Shakedhar and Justice Tara Vitasta Ganju, upheld the decision of the Income Tax Appellate Tribunal (ITAT) that the no profits attributable to
Relief for Air India: No TDS on Rental of Aircraft Engine as per DTAA, says ITAT [Read Order]
In a major relief to Air India, the Income Tax Appellate Tribunal (ITAT), Delhi Bench ruled that the Technical Services Fee does to include the amount paid for ancillary and subsidiary service to the rental
CESTAT Annual Digest – [Part – 23]
This yearly digest analyzes all the CESTAT stories published in the year 2023 at taxscan.in Construction of Complex by Cooperative Housing Society to its Members is not Liable to Service Tax: CESTAT (Shantanu Co Operative
Relief to Amazon Web Services India: Delhi HC reduces Liability to Withhold Tax for TDS from 16% to 8% w.r.t. Payment to AWS USA [Read Order]
In a recent decision, the High Court of Delhi has modified its earlier order in the case of Amazon Web Services India Pvt Ltd & Anr. vs. Income Tax Officer & Anr. The case pertains
Business Profit Earned by US Talent Agency for Arranging Maroon 5 Performance in India cannot be Assessable in India for want of PE: ITAT [Read Order]
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) held that the business profit earned by the US talent agency for arranging Maroon 5 performance in India cannot be assessable in India for the
ITAT deletes Penalty since Assessee applied Transfer Pricing Provisions with Good faith and Due Diligence [Read Order]
In a major relief to Tianjin Tianshi India Pvt. Ltd, the Delhi bench of the Income Tax Appellate Tribunal (ITAT) has held that the penalty under section 271(1)(c) of the Income Tax Act, 1961 cannot be levied if the transfer
CBDT releases Draft Notification Amending Income Tax Rules for Improving Transparency in Tax Rulings: Invites Suggestions [Read Draft Notification]
With a view to improve transparency in tax rulings, the Central Board of Direct Taxes (CBDT) has released draft notification containing proposals to amend income tax Rule 44E, Form 34C, 34D and 34DA as per
No Profit can be Attributed if Commission Paid  to Ricardo India is Adjusted Against Profit Attributed to PE: Delhi HC [Read Order]
In a landmark decision, the Delhi High Court has ruled that no additional profit can be attributed to the Permanent Establishment (PE) of a UK-based company operating in India when adjusting the commission paid to
Income arises from off-shore supply of goods cannot be Taxable in India; Delhi HC [DOWNLOAD JUDGMENT]
A Delhi High Court bench comprising of Justice S.Muralidhar and Justice Vibhu Bakhru held that Income aroused from the off-shore supply of goods cannot be taxable in India. The Delhi High Court, in a number
No TDS applicable on Sales Commission paid to Overseas Agents not having PE in India: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Mumbai Bench held that tax cannot be detected at source on Sales Commission paid to Overseas Agents not having Permanent Establishment (PE) in India. The assessee, Shamrock Pharmachemi Pvt.Ltd.