Saturday International Tax Gyan!! #taxmadeeasy #taxinpic TDS will not be applicable on amount paid to non-resident shipping company or it’s agents subject to the receipt of declaration under section 172 of the Income Tax Act from such person.
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Any Income of a Non-Resident which is considered as undisclosed but for which source is outside India cannot be Taxable in India. [Income-tax Officer, Mumbai vs. Rajeev Suresh Ghai] [2021] 132 taxmann.com 234 (Mumbai – Trib.))
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Protocols in DTAA, elaborate and complete the text of a treaty, sometimes even altering the text. [Steria (India) Ltd. v. Commissioner of Income-tax-VI] [2016] 72 taxmann.com 1 (Delhi))
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Non-Compete fees paid to employees who were rendering service outside India would be considered as salary and hence not taxable in India. [Director of Income-tax v. Sasken Communication Technologies Ltd.] [2020] 117 taxmann.com 278 (Karnataka)
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Agreement with Indian company for management support service, accounting etc. where no transfer of technology and ‘make available’ clause not satisfied, hence not taxable [Inter Continental Hotels Group (Asia Pacific) (Pte.) Ltd. v. ACIT, Circle-2(1)(1), New Delhi]
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic In absence of separate article of FTS in DTAA, such income shall be considered as business income and in absence of PE in India non resident is not required to pay tax in India. [Paramina Earth Technologies Inc v. Deputy Commissioner of Income-tax (International Taxation), Visakhapatnam [2020] 116 taxmann.com 347 (Visakhapatnam …
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Reimbursement of cost for rendering administrative and other services on cost to cost basis, cannot be considered as FTS. [Damco International A/S v. Deputy Commissioner of Income-tax (International taxation) [2020] 118 taxmann.com 37 (Mumbai – Trib.)]
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Reimbursement of software expenses will be liable to tax as FTS/Royalty, where such software was bundled with other IT services of the company. [ Rieter Machine Works Limited v. ACIT (International Taxation), Circle-2, Pune [2021]134 taxmann.com 326 (Pune – Trib.)]
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic Access to database and journals of information, disclosed publicly will not be considered as royalty and hence not liable to tax in India. [American Chemical Society v. Deputy Commissioner of Income-tax (IT)-1(1)(1), Mumbai [2019] 106 taxmann.com 253 (Mumbai)]
Saturday International Tax Gyan!! #taxmadeeasy #taxinpic We shall discuss about the introduction of corporate tax in UAE: Date of it’s applicability, on whom such corporate tax will not apply and various other FAQ
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