AAR

AAR: Subscription for social media monitoring services taxable as royalty

Subscription paid for social media monitoring services for market intelligence taxable as royalty u/s 9(1)(vi) and Article 12 of India-Singapore DTAA; Services amounted to imparting of information concerning industrial and

May 09,2012

AAR: Rejects dissecting approach, says SC ruling in Vodafone prevails over IHI

SC ruling in Ishikawajima Harima Industries (IHI) not binding in view of three judges bench ruling in Vodafone International BV; IHI ruling adopted a ‘dissecting’ approach, while Vodafone ruling prescribes

May 08,2012

AAR: Holds Managerial services taxable, questions "confusing process" of treaty interpretation

MFN clause under India-France DTAA applies to rate of tax as well scope of taxation; ‘Make available’ concept applicable only to technical and consultancy services and not to ‘managerial services’;

Apr 17,2012

AAR: Lifts corporate veil to tax sale of convertible debentures, refuses Mauritius treaty benefit 

Sale of Compulsory Convertible Debentures by Mauritius company taxable in India as “interest” under Sec 2(28A) of Income Tax Act and Article 11 of India-Mauritius DTAA; CCD creates or recognizes

Apr 04,2012

AAR: AAR denies capital gains benefit to Mauritius entity on share buy-back, terms it 'tax avoidance' 

Share buy-back a scheme for avoidance of Dividend Distribution Tax; Capital gains exemption under India-Mauritius DTAA for share buy-back not available to Mauritian Shareholder since held to be a 'colourable

Apr 04,2012

AAR: Inspection, testing services not 'made available' technical knowledge, not taxable as FTS under DTAA 

Under DTAA containing ‘make available clause’, income from Inspection, Verification, Testing and Certification Services not taxable as FTS; Under DTAA containing MFN clause but not ‘make available’ clause, applicants entitled

Mar 30,2012

AAR: Transfer of tenancy right results in alienation of immovable property; Cap gains taxable under DTAA

Gains received by Dutch resident on sale of shares in Indian Company holding immovable property taxable under Article 13.4 of India-Netherlands DTAA; Transfer of tenancy rights in property results in

Mar 28,2012

AAR: Relies on SC's "Look at" approach, holds consortium bidding for turnkey contract taxable as AoP 

Consortium formed by applicant with another non-resident, for bidding for a turnkey contract, liable to be taxed as Association of Persons (AoP); Internal division of responsibility by Consortium members not to

Mar 22,2012

AAR: Income from inspection, testing services taxable as FTS under IT Act 

Consideration received by HongKong resident for providing Inspection, Verification, Testing and Certification (IVTC) Services to Indian customers, taxable as FTS u/s 9(1)(vii); Services held to be 'customized services' and not

Mar 22,2012

AAR: Secondment of managerial staff creates Service PE for foreign company 

Secondment of employees creates Service PE for foreign company; SC ruling in Morgan Stanley relied on; Salary reimbursement to foreign company liable to TDS u/s 195 and does not amount

Mar 20,2012

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