Income Tax : The guide explains how residents can avoid double taxation through DTAA benefits, Foreign Tax Credit, and Section 91 relief, outli...
Income Tax : The article explains how India has broadened Permanent Establishment and Business Connection concepts after BEPS reforms. It highl...
Income Tax : xplains how the functions performed by an Indian subsidiary are tested under Article 5 to determine whether a foreign company form...
Income Tax : The analysis explains how activities of a liaison office can trigger PE exposure despite regulatory approval. Taxability depends o...
Income Tax : Highlights how the Court ruled that consistent operational control and strategic oversight in India can establish a Fixed Place PE...
Income Tax : The OECD Committee on Fiscal Affairs has proposed important and far-reaching changes to the Commentary on Article 5 (Permanent Est...
Income Tax : A host of companies from Mumbai, said to be 367 in number and mostly multinational in nature, have moved the recently set up dispu...
Income Tax : A Double Taxation Avoidance Agreement was signed between India and Tajikistan today, i.e. 20th November, 2008. The Agreement was s...
Income Tax : The Bombay High Court held that only the royalty retained after an APA adjustment is taxable, applying the doctrine of real income...
Income Tax : The Bombay High Court held that royalty refunded by a foreign company to its Indian subsidiary under an Advance Pricing Agreement ...
Income Tax : The Delhi ITAT ruled that no installation or supervisory PE existed in India as the activities did not exceed the 120-day threshol...
Income Tax : The Tribunal held that offshore supply receipts could not be taxed under Section 44BB where the Revenue failed to prove the existe...
Income Tax : Bangalore ITAT ruled that only solar days and not cumulative man-days should be considered while determining the existence of a Pe...
Income Tax : CBDT notifies Section 206C (1G) of Income Tax Act shall not apply to a person (being a buyer) who is a non-resident & who does not...
Income Tax : Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent (PE) Establishment invited by CBDT....
The Bombay High Court held that only the royalty retained after an APA adjustment is taxable, applying the doctrine of real income. It also ruled that the Indian subsidiary did not constitute a Permanent Establishment under the India-US DTAA.
The Bombay High Court held that royalty refunded by a foreign company to its Indian subsidiary under an Advance Pricing Agreement could not be taxed as its income. The Court also ruled that the APA governed the determination of the arm’s length price for the covered assessment years.
The Delhi ITAT ruled that no installation or supervisory PE existed in India as the activities did not exceed the 120-day threshold under the India-Canada DTAA. Consequently, income attribution to the alleged PE was held to be unsustainable.
The guide explains how residents can avoid double taxation through DTAA benefits, Foreign Tax Credit, and Section 91 relief, outlining TRC, Form 67, FTC limits, filing requirements, and key compliance rules.
The Tribunal held that offshore supply receipts could not be taxed under Section 44BB where the Revenue failed to prove the existence of a Permanent Establishment in India. The addition of Rs. 99.50 crore was therefore deleted.
Bangalore ITAT ruled that only solar days and not cumulative man-days should be considered while determining the existence of a Permanent Establishment under the India-Saudi Arabia DTAA. Since the assessee’s stay was only 90 days, no PE was held to exist in India.
Mumbai ITAT held that business receipts from an Indian associated enterprise were not taxable in India because the assessee had no Permanent Establishment under the India-UAE DTAA. The Tribunal ruled that mere provision of personnel did not automatically create a PE.
The ITAT observed that mere remote access to customer-owned systems does not satisfy the disposal and permanence tests required for constituting a Fixed Place PE under the India-Canada DTAA.
Delhi ITAT ruled that only unique solar days of employee presence, and not cumulative man-days, should be considered for determining Service PE under the India-US DTAA. Since the assessee’s employees stayed only 72 unique days in India, no PE existed and Section 44BB taxation was deleted.
The article explains how India has broadened Permanent Establishment and Business Connection concepts after BEPS reforms. It highlights the shift from physical presence to economic nexus-based taxation.
