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DTAA - Deployment of 'sofware' lacks physical attributes which underlie and constitute integral part of concept of Permanent Establishment: HC (See Breaking News) DTAA - Subscription fee charged by non-resident entity for granting access to database would clearly not amount to transfer of 'right to use copyright', and hence not taxable as royalty: ITAT (See Breaking News) TP - Overseas AEs can be treated as tested parties, after considering global transfer pricing report of foreign AEs: ITAT (See Breaking News) I-T - Since no business activity is carried out by assessee during relevant period through LO and no expat employee were engaged by assessee at LO, assessee ceases to have any PE or DAPE in India: ITAT (See Breaking News) DTAA - Non-resident assessee is eligible for choosing beneficial provisions provided under domestic law and carry forward same without setting off against long term capital gain for subsequent years: ITAT (See Breaking News) DTAA - Rule 128(9) does not preclude assessee from claiming Foreign Tax Credit (FTC) in case of delay in filing ITR, as the FTC is a vested right of assessee: ITAT (See Breaking News) I-T - Payment made overseas for services rendered abroad, is not deemed income u/s 9, and hence not liable to TDS u/s 195: ITAT (See Breaking News) DTAA - Compensation received by non-resident assessee, pursuant to Arbitral Award, for non-payment of dues for offshore supplies made, would have to be construed only as its business income: ITAT (See Breaking News) INTL - Re-assessment in cases involving tax amounts under Rs 50 Lakhs have to be completed within 3 years, failing which any order is barred by limitation: ITAT (See Breaking News) TP - Assessee's claim against reversal of provision for inventory written off due to obsolescence, is allowable, since the same is offered to tax in the year of creating the provision: ITAT (See Breaking News) DTAA - Where ITR is filed within the extended due date and the tax payable after TDS credit is nil, interest under section 234A cannot be levied: ITAT (See Breaking News) I-T - If interpretation of residence country about applicability of treaty provision is not same as that of source jurisdiction and yet source country levies taxes by way of tax withholding, tax credit can't be declined: ITAT (See Breaking News) I-T - If remittance made to foreign subsidiary are held to be not taxable in India in hands of recipient company in India, there would be no obligation for payer to deduct tax at source u/s 195: ITAT (See Breaking News) I-T - Wherever Contracting States to tax treaty intend to extend treaty protection to domestic company paying DDT, only then domestic company can claim benefit of DTAA, if any: ITAT (See Breaking News) I-T - Long-term capital gains arising during relevant previous year are exempt from tax in terms of Article 13 of respective DTAAs, then provisions of Sect 74 of I-T Act would not get triggered: ITAT (See Breaking News) DTAA - In absence of bilateral amendment to DTAA, OECD Commentary guides interpretation of royalty, particularly in cases where payments for digital transactions resembles royalty or technical services: ITAT (See Breaking News)
 
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Taxindiainternational.com (“TII”), established on April 23, 2010, is a dedicated portal on international taxation. TII was launched in response to the changing landscape of taxation in India. It happens to be the FIRST comprehensive and exhaustive online resource for the taxpayers and also tax authorities looking for well-arranged resource on Transfer Pricing, Double Taxation Tax Treaties, FDI, FEMA, PMLA, BIPA, NRI and Visa guidelines for various categories of expatriates employed in India by MNEs. 

TII is a sister portal of India’s most prestigious and popular taxation and trade portal Taxindiaonline.com (TIOL). In about to be nine years, TII has carved a niche for its quality, speed and authenticity among domestic as well as international users. It has earned the respect and confidence of many global experts of international taxation. It is a highly reliable resource for the various fora of the Indian judiciary. Its citations are frequently used by the courts in their decisions. Its well-researched articles are regularly referred to by the policy makers in India. Its recommendations are generally respected by the Ministry of Finance in India.

TII has a huge subscriber-base cutting across users community ranging from Foreign Taxation Division in the CBDT, Directorate of Transfer Pricing & International Taxation to advocates, law firms, MNEs, domestic companies and research organisations. It has an enviable team of in-house experts and Consulting Editors who keep an eye on the global trend and keep sensitising the policy makers on the future trends of transforming fiscal world.

Consulting Editor


Mr. D.P. Sengupta: Mr Sengupta, a former member of the IRS, retired as Chief Commissioner of Income Tax after more than 33 years of distinguished service. Before that he had a highly satisfying stint as Joint Secretary in the Tax Policy and Legislation division of the Central Board of Direct Taxes.He also served as Joint Secretary in the Foreign Taxation Division of the Ministry of Finance. He was the Competent Authority for India and represented India in the WP1 of the OECD. He is a well known international taxation expert and spoke at various international tax conferences.

CEO & Managing Editor

Shailendra Kumar, founder and CEO of TIOL started his career with The Indian Express Newspaper in 1990 and then moved to The Economic Times where he worked for more than five years before taking the entrepreneurial route to launch TIOL, an idea based on a business need which he realized as a financial journalist. His vision was to create a knowledge-driven company; which eased the burden on corporations and which acted as a media watchdog for Indian tax and trade policies. He spearheads the business in all of its facets, including regular interactions with various policy makers and administrators, and managing the editorial and news gathering team at TII. He is the recipient of the 2001 Outstanding Media Professional Award presented by the India International Professionals Forum.

 
 
 
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