fees for technical services

Countrywise Withholding tax rates / Chart as per DTAA

Income Tax - Country wise Withholding tax rate on Dividend (not being covered under Section 115-O), Interest, Royalty and Fee for Technical Services as updated with amendment carried out by Finance Act, 2017...

Read More

Countrywise Withholding Tax rates as per IT Act vis a vis Tax Treaties/DTAA

Income Tax - Certain income of non-resident, inter-alia, dividend, interest, royalty or fees for technical services shall be taxable as per the rates prescribed under the Income-tax Act or as per the rates prescribed under the DTAAs, whichever is more beneficial to such non-resident. This write up provides all such rates as prescribed under the Act an...

Read More

Installation & Commissioning Expenses not covered under definition of FTS u/s 9 of Income Tax Act, 1961

Income Tax - The issue is no longer res integra as it has been held by Hon’ble ITAT Mumbai in case of Bennet Coleman & Co. Ltd. Vs ITO(TDS) [ITA No. 7315/Mum/2008] pronounced on 12-11-2014 wherein the assesse (Times of India) has entered into an agreement with M/s FERAG AG for supply of heavy plant and machinery along […]...

Read More

Taxation of Income by way of Royalty or Fees for Technical Services

Income Tax - Section 115A of the Income-tax Act provides for determination of tax in case of a non-resident taxpayer where the total income includes any income by way of Royalty and Fees for technical services (FTS) received under an agreement entered after 31.03.1976 and which are not effectively connected with permanent establishment, if any, of the...

Read More

Technical services by Non residents provided outside Indian but utilized in India is taxable

Income Tax - As per Memorandum on Finance Bill, 2010 a source rule was inserted in section 9 of Income-tax Act in 1976 with an intention of bringing to tax fees for Technical Services by creating a deeming fiction that even in cases where services are provided by a non-resident outside India, consideration for such services will be taxable in India so...

Read More

Companies having permanent establishment in India will be taxed on their technical services fees at marginal tax rate

Income Tax - The finance ministry is hoping to recover about Rs 10,000 crore from non-resident service providers to oil and gas explorers in India. Finance Minister has inserted a clarification in the Finance Bill 2010-11 that will stop these companies and other service providers who had so far used a simpler tax regime to claim a lower tax rate....

Read More

Technical fee for setting up of new plant for first time to manufacture cars is revenue expenditure

Honda Siel Cars India Ltd Vs CIT (Supreme Court of India) - Assessee in all these appeals is Honda SIEL Cars Ltd. (hereinafter referred to as the Assessee). Question of law that is raised is also identical. Five appeals are filed only because of the reason that same issue has occurred in different Assessment Years, i.e., for the years 1999-2000, 2001-2002, 2...

Read More

Make Available’ under India-Singapore DTAA vis-à-vis Technology Transfer Agreement and Services Agreement

Filtrex Technologies Pvt. Ltd. Vs. ACIT - Filtrex Technologies Pvt. Ltd. v. ACIT - ITAT Bangalore held that payments made under a Technology Transfer Agreement 'make available' technical knowledge or experience, and hence, are taxable as Fees for Technical Services in terms of Article 12(4)(b) of Double Taxation Avoidance Agreement betwee...

Read More

Supreme Court rules that an element of human intervention required for taxing a payment as ‘fees for technical services’

A recent ruling of the Supreme Court (SC) in a batch of cases, with the lead case being that of Bharti Cellular Ltd. (Taxpayer), on whether any manual intervention is involved in the technical operations by which a cellular service provider, such as the Taxpayer, is given facility for interconnectio...

Read More

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

Re. Real Resourcing Limited (AAR) - 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....

Read More

Business Profits of Permanent Establishment (PE) not taxable on gross basis as Fees for Technical Services

Rio Tinto Technical Services Vs DCIT (ITAT Delhi) - The assessee, a division of Technical Resources Prt. Ltd. Australia, had entered into contracts with Rio Tinto India Pvt. Ltd. (RTIPL) for evaluation of coal deposits in Maharashtra and Orissa and for corresponding feasibility studies for transporting the same....

Read More
Sorry No Post Found

Recent Posts in "fees for technical services"

Technical fee for setting up of new plant for first time to manufacture cars is revenue expenditure

Honda Siel Cars India Ltd Vs CIT (Supreme Court of India)

Assessee in all these appeals is Honda SIEL Cars Ltd. (hereinafter referred to as the Assessee). Question of law that is raised is also identical. Five appeals are filed only because of the reason that same issue has occurred in different Assessment Years, i.e., for the years 1999-2000, 2001-2002, 2002-2003, 2003-2004 and 2005-2006....

Read More

Countrywise Withholding tax rates / Chart as per DTAA

Country wise Withholding tax rate on Dividend (not being covered under Section 115-O), Interest, Royalty and Fee for Technical Services as updated with amendment carried out by Finance Act, 2017...

Read More
Posted Under: Income Tax |

Countrywise Withholding Tax rates as per IT Act vis a vis Tax Treaties/DTAA

Certain income of non-resident, inter-alia, dividend, interest, royalty or fees for technical services shall be taxable as per the rates prescribed under the Income-tax Act or as per the rates prescribed under the DTAAs, whichever is more beneficial to such non-resident. This write up provides all such rates as prescribed under the Act an...

Read More
Posted Under: Income Tax |

Installation & Commissioning Expenses not covered under definition of FTS u/s 9 of Income Tax Act, 1961

The issue is no longer res integra as it has been held by Hon’ble ITAT Mumbai in case of Bennet Coleman & Co. Ltd. Vs ITO(TDS) [ITA No. 7315/Mum/2008] pronounced on 12-11-2014 wherein the assesse (Times of India) has entered into an agreement with M/s FERAG AG for supply of heavy plant and machinery along […]...

Read More
Posted Under: Income Tax |

Taxation of Income by way of Royalty or Fees for Technical Services

Section 115A of the Income-tax Act provides for determination of tax in case of a non-resident taxpayer where the total income includes any income by way of Royalty and Fees for technical services (FTS) received under an agreement entered after 31.03.1976 and which are not effectively connected with permanent establishment, if any, of the...

Read More
Posted Under: Income Tax |

Make Available’ under India-Singapore DTAA vis-à-vis Technology Transfer Agreement and Services Agreement

Filtrex Technologies Pvt. Ltd. Vs. ACIT

Filtrex Technologies Pvt. Ltd. v. ACIT - ITAT Bangalore held that payments made under a Technology Transfer Agreement 'make available' technical knowledge or experience, and hence, are taxable as Fees for Technical Services in terms of Article 12(4)(b) of Double Taxation Avoidance Agreement between India and Singapore. Also, payments ma...

Read More
Posted Under: Income Tax |

Supreme Court rules that an element of human intervention required for taxing a payment as ‘fees for technical services’

A recent ruling of the Supreme Court (SC) in a batch of cases, with the lead case being that of Bharti Cellular Ltd. (Taxpayer), on whether any manual intervention is involved in the technical operations by which a cellular service provider, such as the Taxpayer, is given facility for interconnection. If manual intervention is involved, t...

Read More
Posted Under: Income Tax |

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

Re. Real Resourcing Limited (AAR)

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....

Read More

Business Profits of Permanent Establishment (PE) not taxable on gross basis as Fees for Technical Services

Rio Tinto Technical Services Vs DCIT (ITAT Delhi)

The assessee, a division of Technical Resources Prt. Ltd. Australia, had entered into contracts with Rio Tinto India Pvt. Ltd. (RTIPL) for evaluation of coal deposits in Maharashtra and Orissa and for corresponding feasibility studies for transporting the same....

Read More

Fees for Technical Services, even if rendered outside India are taxable consequent to retrospective amendment in Section 9 by the Finance Act, 2010

Canara Bank Vs ITO (ITAT Nagpur)

Mumbai Tribunal Ruling: Fees for Technical Services, even if rendered outside India, are taxable consequent to retrospective amendment in Section 9 by the Finance Act, 2010 (Ashapura Minichem Limited v. ADIT)(ITA No. 2508/M/2008)...

Read More
Page 1 of 212

Browse All Categories

CA, CS, CMA (3,523)
Company Law (3,466)
Custom Duty (6,671)
DGFT (3,499)
Excise Duty (4,051)
Fema / RBI (3,292)
Finance (3,497)
Income Tax (25,332)
SEBI (2,758)
Service Tax (3,288)

Search Posts by Date

November 2017
M T W T F S S
« Oct    
 12345
6789101112
13141516171819
20212223242526
27282930