Advance Ruling - Page 94

Taxpayer holding tax residence certificate is eligible for the India-Mauritius tax treaty benefits

In Re. D.B.Zwirn Mauritius (AAR Delhi)

Authority for Advance Ruling (AAR) in the case of D.B.Zwirn Mauritius (AAR No. 879 of 2011) (Judgment date: 28 March 2011) dealt with the issue of taxability of capital gains on sale of shares by a Mauritian entity under the Income-tax Act, 1961 (the Act) or India-Mauritius tax treaty (the tax treaty). The AAR held that the applicant, hol...

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Non-availability of indexation benefit to a non-resident does not amount to non-discrimination

Re. Trans world Garnet Company Ltd.

Authority for Advance Rulings has rendered an important ruling in the case of Transworld Garnet Company Ltd. dealing with the issue of whether or not the non-availability of the indexation benefit under the provisions Second proviso to section 48 of the Income-tax Act, 1961 to non-residents amounts to discrimination under the India-Cana...

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Amounts receivable by a British company (EMEIA) from the applicant under the Area Services & Market Development Agreement not liable to be taxed under the I-T Act as fee for `included services’ or as business profits under Indo-UK Treaty

In re. Ernst & Young (P.) Ltd. (AAR Delhi)

Dissemination of informations, furnishing guidelines and suggesting plans of action aimed at uniformity and seamless quality in business dealings of participating group entities do not per se amount to making available to them technical knowledge and experience possessed by EMEIA to a substantial extent; There is no transfer of technical ...

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INDO-UAE DTAA: Mere physical presence of non-resident’s vessel in territorial waters of India pursuant to hiring of vessel on Bareboat Charter terms by applicant does not, without anything more, constitute a permanent establishment

In re. Seabird Exploration FZ (AAR Delhi)

Where the agreement was executed outside India and the delivery of the vessel also took place outside India, by reason of the mere presence of the vessel in India without the volition of Vessel Providing Companies, the source of income cannot be said to be located in India...

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Indo-Mauritius DTAA – Applicant is not liable to be taxed in India on proposed transfer of its shares in an Indian Company to its wholly owned subsidiary company in India

In Re. Praxair Pacific Ltd. (AAR Delhi)

The transfer of equity shares in Indian company would not be regarded as transfer within the meaning of section 45 read with section 47(iv) of the Income-tax Act and hence the gains if any arising on transfer would not be taxable in India The applicant has no liability to pay capital gains tax under section 45 and minimum alternate tax u...

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Section 115JB is not designed to be applicable to a foreign company, who has no presence or PE in India

In re The Timken Company (AAR Delhi)

As the applicant does not have any physical presence in India in the form of an office or branch or a PE, the provisions of section 115JB are not applicable on the sale of shares of a listed company by the applicant, which has suffered securities transaction tax and accordingly, tax exempt under section 10(38)...

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FAQ on Advance Ruling under Service Tax Act

What is meant by advance ruling? Advance ruling means the determination, by the Authority, of a question of law or fact specified in the application regarding the liability to pay service tax in relation to service proposed to be provided, by the a...

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Posted Under: Income Tax |

India-Singapore DTAA – Fee paid to AXA ARC by applicant for receiving assistance such as business support, marketing information technology support services and strategy support etc., does not amount to fee for technical services within meaning of India – Singapore Tax Treaty

In Re. Bharati AXA General Insurance Co. Ltd. (AAR Delhi)

Providing comments and suggestions after reviewing the strategies and plans developed by the applicant, giving suggestions to the applicant to improve the product developed by it so as to bring it in line with the common practices followed by other AXA entities across the globe, providing HR support assistance, assisting the applicant in ...

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Payment for procurement of support services from foreign affiliate not liable to tax in India

Re. Bharti AXA General Insurance Corporation Ltd. (AAR)

Authority for Advanced Ruling (AAR) held that payment for procurement of support services vis-a-vis business, marketing, information technology and strategy from foreign affiliate company are not Fees for Technical Services (FTS) and royalty within the meaning of Article 12 of the India-Singapore tax treaty (tax treaty)....

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AAR rules on taxability of software payments as per India-Netherlands tax treaty

AAR rules on taxability of software payments as per India-Netherlands tax treaty

In this Ruling Authority for Advance Rulings decided on taxability of certain computer software payments. Having regard to the facts of the case, the AAR distinguished between transfer of ‘rights in copyrighted software’ and transfer of a ‘copyrighted software’ and observed that mere transfer of computer software de-hors any copyr...

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