| Month-Year |
Author/s |
Title |
Abstract |
| May - 2008 |
(113 TTJ 502) (Bang.) [BCAJ] |
Spice Telecom v. IPO |
India-Mauritius Treaty - Payment for liasing with legal and financial advisors and negotiations with vendors and financial institutions for vendor loans and long-term project finance are commercial services not liable to source taxation in India as royalty. Providing of information constitutes royalty if information has perpetual or extended use. Suggestions on ways and means on the basis of data/information collected by the assessee itself is not royalty. |
| May - 2008 |
(20 SOT 453) (Mum.) [BCAJ] |
ICICI Bank Ltd. v. DCIT |
India-USA Treaty. - Amount remitted to credit rating agency for the purpose of obtaining rating in respect of issue of Floating Rate Euro Notes (FRENs) is not fees for included services in terms of Article 12(4) of India-US treaty and is therefore not chargeable to tax in India. |
| May - 2008 |
(113 TTJ 878) (Asr) [BCAJ] |
Masuzawa Punjab Silk Ltd. v. ACIT |
S. 163 and India-Japan Treaty. - Salaries including perquisites provided to NR technical personnel deputed to Indian JVCO to provide erection and installation services are chargeable to tax u/s.9(1)(ii) of the Act. In the circumstances of the case, Indian JVCO can be regarded as an agent of the expatriates u/s.163(1)(c) and u/s.163(1)(b) of the Act. Reimbursement of actual travel expenses of employees are exempt u/s.10(14). |
| Mar - 2008 |
(2007) TIOL 460 ITAT (Del.) [BCAJ] |
Hotel Scopevista Ltd. v. ACIT |
S. 9(1)(vii) — Definition of FTS. |
| Mar - 2008 |
19 SOT 257 (Del.) [BCAJ] |
Galileo Inc. v. DCIT |
S. 9 read with S. 5 and Articles 5 and 7 of India-USA DTAA. |
| Mar - 2008 |
19 SOT 42 (Delhi) [BCAJ] |
Rolls Royce Plc v. DDIT |
S. 9 read with S. 5 and Articles 5 and 7 of India-UK DTAA. |
| Mar - 2008 |
(2008) TIOL 09 ITAT (Mad.) [BCAJ] |
ITO v. Data Software Research Co. Pvt. Ltd. |
S. 5(1)(c) and Article 25(2) of India-USA DTAA. |
| Feb - 2008 |
(2007) 112 TTJ 229 (Kol.) [BCAJ] |
Van Oord Atlanta B V v. ADIT |
Issues : (i) Existence of PE for less than the required number of days. (ii) Chargeability to tax of bad debts recovered if no PE |
| Feb - 2008 |
(2007) 112 TTJ 313 (Del.) [BCAJ] |
Pride Foramer S A v. ACIT |
Issue : Non-taxability of employees’ salary in India under Article 16(2) |
| Feb - 2008 |
(2007) 112 TTJ 328 (Mumbai) [BCAJ] |
Alcan Inc v. Deputy Director of Income Tax (International Taxation) |
Issues : (i) Whether non-resident can opt to adopt fair market value as on 1st April 1981 ? (ii) Whether non-resident can avail benefit of concessional rate of tax of 10% under proviso to S. 112(1) of the Act ? (iii) Whether non-resident can substitute FMV as on 1st April 1981 as the cost of acquisition of bonus shares ? |
| Jan - 2008 |
ITA Nos. 3400, 3401 & 3402/Bang./2004 [BCAJ] |
ITO v. M/s. De Beers India Minerals Pvt. Ltd. |
Issue : The amount paid to a person resident of Netherlands for geo-physical survey and obtaining report containing data of survey is not chargeable to tax in India in terms of Article 12 of the DTAA. |
| Jan - 2008 |
(17 SOT 197) (Del.) [BCAJ] |
Sumitomo Corporation v. DCIT |
Issues - Fees for technical services which are not effectively connected with project PE are chargeable to tax in India under Article 12(2) of the Treaty. Supervision project PE emerges only if number of days of supervision of each project exceeds specified threshold; aggregate duration of all projects is not to be considered. |
| Jan - 2008 |
(295 ITR 258) (AAR) [BCAJ] |
Triniti Corporation USA, In re |
Issue : Transfer of shares of Indian company from one nonresident to another non-resident effected outside India is chargeable to tax in India. |
