INTERNATIONAL TAXATION
Ο Sec. 9 – Societe Generale vs. DCIT
[2017] 81 taxmann.com 244 (Mum Trib.)
Payment of software maintenance charges, data communication charges, etc., made by the assessee to AE without any mark up was not taxable as royalty or FTS
Ο Sec. 144C – Turner International India (P.) Ltd. vs. DCIT
[2017] 82 taxmann.com 125 (Del HC)
Failure of the Assessing Officer to adhere to the mandatory requirement of section 144C(1) and first pass a draft assessment order would result in invalidation of the final assessment order, demand notices, and penalty proceedings
- Sec 9- ACIT VS Caterpillar Global Mining Europe GmbH
[2017] 84 taxmann.com 72 (Hyderabad – Trib.)
Where entire activity of designing, manufacturing and delivery of equipment to an Indian company by assessee German company was made outside India and PE of assessee had no role to play, income was not taxable in India
- AS -11 – Ballarpur Industries Ltd. Vs CIT
[2017] 84 taxmann.com 61 (Bombay)
When the royalty and interest income were claimed as exempt on accrual basis in earlier years, forex fluctuation gain or loss arising on receipt of such income in subsequent period shall not be exempt. Such gain or loss could not be considered as part of royalty or interest income and it should be taxed on basis of AS-11.
- Prashant M. Timblo vs. CCIT
[2017] 84 taxmann.com 187 (Bombay)
Prior to AY 2013-14, there was no need to furnish TRC to claim treaty benefits: Bombay High Court
- Sec 195- Cooper-Standard Automotive India (P.) Ltd. vs. ACIT
[2017] 84 taxmann.com 200 (Chennai – Trib.)
Where server maintenance charges were paid for the usage of intranet, internet, mail data backup, etc. located in Germany and assessee was merely using technology provided by parent company and no managerial, consultancy and technical services were provided by parent company, payment made was not for FTS.
