AAR

AAR: AAR denies Sec 47 (iv) exemption on capital gains from share buy-back

Share buyback by Indian subsidiary from Foreign parent company not exempt u/s 47(iv); Shares held by nominees cannot be considered as shared held by Foreign parent; Sec 46A being special

Mar 20,2012

AAR: AAR allows interest income exemption to Swedish resident applying MFN clause, follows Poonawalla ruling

Interest income of Swedish resident on loan guaranteed by a specified Swedish authority covered under exemption provided in Article 11.3 of India-Sweden tax treaty in view of Most Favoured Nation

Feb 29,2012

AAR: Consideration for software sold through independent Indian reseller, ‘royalty’ in hands of non-resident 

Payments received by non-resident for sale of software application to end users / customers, through an independent reseller in India, taxable as ‘royalty’ under Article 12 of Indo-Japan DTAA; AAR

Feb 29,2012

AAR: Export commission to non-resident agent taxable; TDS u/s 195 applicable

Export commission paid to non-resident agent taxable u/s Sec 5(2)(b) read with Sec 9(1)(i); Right to receive commission accrued in India as the export order was executed in India; Agent

Feb 24,2012

AAR: ‘Preparatory activities’ to be included for determining existence of PE under Article 5(5) 

Payment under a composite contract of installation work, could be segregated into mobilization segment and other segments (on facts); Composite contract providing a separate consideration for different activities and jobs,

Feb 17,2012

AAR: Follows Karnataka HC, rules income from Indian distributor for sale of software products taxable as 'royalty'

Payment received from Indian distributor under Software Distribution agreement taxable as Royalty under Sec 9(1)(vi) of the Act as well as Article 12 of India-Australia DTAA; Sale/license to use software entails transfer

Feb 15,2012

AAR: IT sharing services of WAN, Lotus Notes paid to French group co liable for TDS 

IT sharing services of WAN, Lotus Notes to be provided by French Group company to Indian subsidiary create PE in India; PE exists in India since business was carried on

Feb 14,2012

AAR: Income received by non-resident for 'offshore supply' of equipment, not taxable in India; Ishikawajima relied on

Consideration for offshore supply of equipment not taxable in India; SC ruling in Ishikawajima Harima relied on: Revenue’s contention that tax liability ought to be determined considering indivisibility of contract,

Feb 03,2012

AAR: Consideration for offshore supply of equipment not taxable in India; Ishikawajima relied on 

Consideration for offshore supply of equipment not taxable in India; SC ruling in Ishikawajima Harima relied on; Though applicant had business connection in India, no business in relation to offshore

Feb 03,2012

AAR: Cost contribution received for business support services by UK group company taxable as FTS 

Various business support and advisory services rendered to Shell India by UK group company, held to be ‘technical’ and ‘consultancy’ services; Such services ‘made available’ to Shell India since UK

Feb 02,2012

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