AAR: Seismic surveys through vessels for 113 days constitutes fixed-place PE

AAR rules that assessee (a UAE tax resident) constitutes a fixed place PE in India under Article 5(1) of India-UAE DTAA in the form of its vessels engaged in seismic

Apr 06,2018

AAR: Allows lower Capital gain tax-rate to Finnish seller under Sec. 112(1) proviso; Follows Cairn UK

AAR rules that the applicant company (a non-resident seller based in Finland) eligible for lower rate of tax @ 10.506% (inclusive of surcharge and cess) on capital gains arising on sale

Mar 14,2018

AAR: Mauritian entity, mere name lender; Denies Article 13 benefit on capital gains

AAR, in another ruling in case of AB Mauritius (Applicant), denies India-Mauritius treaty benefit, holds capital gains on sale of shares in AB India to another subsidiary, AB Singapore, as

Feb 12,2018

AAR: Mauritian company's control & management not with US Holding Co.; Grants Capital gains exemption

AAR holds that capital gains arising on proposed sale of shares in Indian entity (AB International) by Applicant (a Mauritian entity) is not chargeable to tax in India under Article

Feb 09,2018

AAR: Allows 10% concessional LTCG tax rate to non-resident, follows Delhi HC ruling in Cairn UK

AAR grants benefit of proviso to Sec. 112(1) to non-resident Applicant [Honda Motor Company Ltd (tax resident of Japan)]  upholds 10% tax rate for long-term capital gains arising on sale

Feb 09,2018

AAR: Holds no TDS required on Indian salary component of NR-employee deputed abroad

AAR allows application filed by Indian companies (Applicants), holds Applicants not liable to deduct TDS on salaries paid in India to employees deputed to their overseas group companies for AY 2012-13

Feb 06,2018

AAR: Offshore equipment supplies not taxable absent accrual in India; Revenue's Vodafone reliance 'out of place'

AAR rules that the payment of Rs. 580 cr. by the applicant (a resident company) to its French group company (‘MFPM’) for offshore supply of equipment under the Umbrella Agreement,

Jan 18,2018

AAR: No restriction on acquiring new property outside India for exemption u/s. 54 before 2014 amendment

AAR allows Sec. 54 benefit to the applicant ( an individual, a non-resident and settled in UK) on his investment in a residential house in London out of the capital

Jan 18,2018

AAR: Belgian company's lighting contract for Commonwealth Games meets fixed place-PE's 'disposal' test

AAR rules that entire consideration of USD 3.5 million received by applicant (a Belgium based company) for rendering, lighting and searchlight services to the Organizing Committee, Commonwealth Games 2010, Delhi

Jan 17,2018

AAR: Indirect transfer taxation u/s 9 not triggered on offshore share deal; Confirms treaty benefit

The Authority for Advance Rulings (AAR) rules that offshore share transfer in Germany between non-residents resulting in indirect transfer of shares held in an Indian entity is not taxable u/s

Jan 17,2018