AAR: Foreign cos. amalgamation survives taxability despite India branch; Non-discrimination clause the saviour

AAR rules that capital gains arising on amalgamation of a non-resident company (‘SSBS’) having India branch, with itsgroup company (applicant, an Italian based bank), not  taxable,  invokes non-discrimination clause under Article

Aug 30,2016

AAR: Coring services taxable u/s44BB at concessional rate; Relies on ONGC (SC) ruling

AAR rules that consideration received by the applicant (a UK company) towards provision of coring services under a sub-contract, taxable at concessional rate u/s 44BB (special provision for companies engaged

Apr 18,2016

AAR: Procurement services for sourcing from UK not royalty / FTS under treaty

AAR rules that fees received by applicant (a UK company) for rendering 'supply management' services to its Indian group company, neither FTS nor royalty under India-UK DTAA; AAR notes that

Jan 22,2016

AAR: Mauritius to Singapore share transfer driven by "operational-excellence" motive, dismisses tax-avoidance charge

AAR rules that capital gains arising on proposed transfer of Indian group company’s shares by applicant (a Mauritian company) to its Singaporean affiliate not taxable in India, grants India-Mauritius treaty

Jan 21,2016

AAR: Rejects splitting revenues between offshore-onshore activities,taxes entire FPSO contract revenues u/s 44BB

 AAR rules that consideration received  by applicant (a Norwegian company ) for on-board fabrication and installation of  ‘Floating Production Storage and Offloading’ (FPSO) facility  under ‘Change Order’ with Reliance (‘RIL’)

Jan 21,2016

AAR: Disagrees with earlier ruling, Satyam’s settlement payments to US Fund, capital receipt

Pursuant to HC’s remand, AAR rules that Satyam’s class action suit settlement payments to US Settlement Fund, capital in nature, not chargeable to tax in India; In first round of

Jan 20,2016

AAR: Satyam's settlement payments to Aberdeen Funds not income; Rejects 'surrogatum' principle application

AAR rules that settlement payments by Satyam & PwC to Aberdeen Funds US & UK ('applicants') in capacity of trustees for investors' claims, a capital receipt, not taxable in India;

Jan 20,2016

AAR: No tax on Satyam's Court ordered multi-million dollar 'penalty' payment in USA 

AAR rules penalty payment by Satyam (applicant) to US Govt. not liable to TDS u/s 195; AAR notes that pursuant to complaint filed by the US SEC (Securities & Exchange

Dec 10,2015

AAR: Chinese company's procurement services taxable as FTS, actual performance in India irrelevant 

AAR holds that receipt for services rendered in connection with procurement of goods by the Applicant (a Chinese subsidiary of an Indian company) taxable @10% on gross basis, as FTS

Oct 12,2015

AAR: Management & procurement service payments to UK co not FTS, absent 'make-available' 

AAR rules that amount received by applicant (a UK co.) for providing 'management services' and 'procurement services' to its Indian affiliate not fees for technical services (FTS) under Article 13

Aug 03,2015