Standby Maintenance Charges cannot be assessed as Fees for Technical Services but as Business Income
Case Law Details
Case Name : Reliance Globalcom Limited Vs DCIT (ITAT Mumbai)
Related Assessment Year : 2014-15 and 2015-16
Courts :
All ITAT ITAT Mumbai
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Reliance Globalcom Limited Vs DCIT (ITAT Mumbai)
Conclusion: Standby Maintenance Charges received by assessee from TCL could not be assessed as FTS and was its “business income‟ that was taxable only to the extent of its reference to the “business connection” in India. Turnover (receipts) of Standby Maintenance Charges from TCL i.e attributable to the operations carried out had to be calculated on the basis of apportionment of cable length in India vis-a-vis the worldwide cable length.
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