AAR Rulings - Page 99

Consideration for assignment of supply agreement not taxable in the absence of Permanent Establishment in India

Re. Laird Technologies India Pvt. Ltd. (AAR)

The AAR upheld the contention that a transfer for the purpose of capital gain should be a legal transfer. The transfer of rights and obligations even if not binding on the third party are still binding on the parties to the agreement therefore consideration against the same could be treated as business profit. In absence of permanent esta...

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Services provided for purchase of goods to be exported from India may not be eligible for exemption provided under Income-tax provisions

In re. Aramco Overseas Company (AAR)

The sourcing activity of non-resident purchaser or an agent of such non-resident purchaser for exports of goods outside India will only be covered by the exclusion clause under deeming provisions of section 9(1 )(i) of ITA. A mere service provider may not be eligible to claim benefit of such an exclusion provision....

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Payments towards workshop conducted for dissemination of information which is a part of study course cannot be termed as FIS

In re. Federation of Indian Chambers of Commerce and Industry (AAR Delhi)

Payments towards workshops and learning programmes conducted by institutes, where no technical knowledge, experience or skills were shared or made available to the participants, could not be termed as “fees for included services”....

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Payments for referral services cannot be termed as fees for technical services (FTS)

In re. Real Resourcing Limited (AAR Delhi)

The receipts in the nature of referral fees do not constitute “fee for technical services”. Further, in the absence of a PE in India, the same cannot be subject to tax in India....

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Ultimate Holding Company should not be considered as beneficial owner of gains arising to Subsidiary Company on sale of investments held by such Subsidiary Company

In re. KSPG Netherlands Holding (AAR Delhi)

The applicant, a Dutch company was incorporated on 11 August 2008. On 6 November 2008, it acquired all the shares of an existing Indian company from another group company located in Germany. The shares were acquired for a consideration of INR 100 million....

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FII’s Income from trading in futures and options is business income

In re Royal Bank of Canada, AAR No. 816/2009 (Authority for Advance Ruling)

FII‘s income from trading in futures and options is in the nature of business income. Special provisions under the domestic tax laws i.e. Section 1 15AD does not preclude FII‘s from earning business income in India....

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Mere reimbursement of costs based on a cost sharing agreement not liable to withholding tax

ABB Limited- AAR No. 834 of 2009

ABB Limited, an Indian company (ABB India) and ABB Research Limited, Zurich, a Swiss company (ABB Zurich) are part of the ABB group. The group is engaged in the manufacturing of power products and systems technologies and has business activities across the globe in over 100 countries....

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Consortium members working together with independent scope not an AOP

In re Hyundai Rotem Co., Korea & Mitsubishi Co., Japan, AAR No’s. 798- 799/2008 (Authority for Advance Ruling)

Merely coming together and acting in cooperation with each other for the purpose of executing the work while each member carries on its own scope of work independently does not reasonably lead to the conclusion that an AOP has been formed....

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Supply of customized software and enabling client personnel to handle the system amounts to “fees for included services” under the India-US tax treaty

In re Airport Authority of India (AAR) A.A.R. No. 819 of 2009

Under the specific facts of the case, customization of standardized software specific to client specifications was held to be “fees for included services” as the software developer made available technical knowledge, experience or skill to the client to enable client personnel to operate the software system themselves....

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Payment received on account of supply of software products to independent third party re-sellers in India not royalties but business income

M/s Dassault Systems K.K. (AAR Delhi)

The applicant is a company incorporated in Japan and is engaged in the business of providing „Products Lifecycle Management? software solutions, applications and services. These software products are standardized and not customized or tailor-made. It markets its products in India through a distribution channel of third party resellers c...

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