AAR

AAR: Declines to rule, calls Gift of shares by Singapore co. "strange" transaction

Declines to rule on taxability of "gift" of shares; Stake in Indian co gifted by Singapore applicant to Indian subsidiary; Applicant failed to establish that transaction was effected in manner

Aug 14,2012

AAR: Discards SC's "Theory of Precedents"; TP provisions applicable though Mauritius benefit granted 

AAR forcefully affirms its right to depart from its own earlier rulings; Holds Transfer Pricing provisions applicable even though share transfer exempt from capital gains under Mauritius DTAA: AAR not bound

Aug 14,2012

AAR: Seismic data processing fees paid by NR to NR assessable u/s 44BB

UK applicant rendering seismic data processing services to UAE sub-contractor of ONGC in connection with oil prospecting eligible for concessional tax u/s 44BB; Fees paid by one NR to another

Aug 08,2012

AAR: Legal ownership critical criteria for Mauritius exemption, rejects Revenue's 'effective management' argument

Capital gain on direct & indirect sale of Indian shares by 2 Mauritian companies, along with earn out not taxable in India; Indo-Mauritius DTAA benefit available as transactions not devised

Aug 07,2012

AAR: Departs from precedent, holds mud engineering service as FTS, refuses concessional rate 

Mud Engineering services in connection with exploration and extraction of mineral oils amounts to ‘Fees for technical services’ u/s 9(1)(vii); Post 2010 amendment, FTS specifically covered under gross basis of

Aug 01,2012

AAR: Allows Mauritius treaty exemption but leaves GAAR sword hanging

Applicant in Mauritius entitled to capital gains exemption on sale of shares, under Indo-Mauritius treaty; Applicant had valid Tax Residency Certificate and AAR bound by SC ruling in Azadi Bachao;

Jul 19,2012

AAR: Indian Subsidiary exclusively carrying on group's business creates PE

100% subsidiary created for the purpose of attending to the business of the group in India creates PE for Aramex Group under India-Singapore DTAA; Indian subsidiary a mere "camouflage" to

Jun 08,2012

AAR: Vodafone overrules IHI, reiterates AAR; Offshore supply taxable, Consortium an AoP

3 judge SC ruling in Vodafone overrules 2 judge ruling in Ishikawajima – Harima Heavy Industries Limited; Composite contract for installation and commissioning of project in India cannot be dissected;

Jun 08,2012

AAR: Part consideration for turbine overhauling services taxable under India-US DTAA 

Consideration for mere inspection and boroscoping of machinery in India, not taxable as 'fees for included services' (FIS) under Indo-US DTAA, as no knowledge 'made available'; Consideration for granting non-exclusive,

May 31,2012

AAR: R&D cost allocation taxable as royalty, allocation key has no meaning, rules AAR

Cost allocation of common Research & Development expenses received by German Group company from Indian affiliate taxable as royalty; Allocation key has no meaning as only group companies using particular research contributed

May 19,2012

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