Fees received on assignment of contractual rights not taxable: Authority of Advance Ruling

A recent ruling of the Authority of Advance Ruling (AAR) [2010-TIOL-06- ARA-IT] in the case of M/s Laird Technologies India Pvt. Ltd. (Applicant) on the issue of tax ability of fees received by a US company (US Co) for assigning contractual rights to the Applicant to supply products in India. The AAR held that the fee received by US Co from the Applicant is in the nature of business profits of US Co and the same is not taxable in India in the absence of US Co constituting a permanent establishment (PE) in India under the India-US tax treaty (Tax Treaty). Further, the Applicant is not required ...