Ishikawajima-Harima is still good law despite retrospective amendment: Karnataka High Court

The assessee entered into a contract with Raytheon– Ebasco, a foreign company, and two of its’ foreign subsidiaries, for commissioning of a power plant. The assessee made payments to Raytheon for rendering technical services, providing ‘start-up’ services and taking ‘overall responsibility’ for the Project. The two foreign subsidiaries of Raytheon carried on onshore services. The technical services were rendered by Raytheon wholly outside India and it supervised the carrying on of the ‘start up’ services by its subsidiaries. The assessee did not deduct tax at source on payments...