Article
Electronic transfers into an NRE account – Income received in India? -
While Section 9(1) (ii) creates a deeming fiction on what could be an accrual or deemed accrual in respect of salary received/receivable by a non- resident, there is no clear explanation in the Act with respect to amounts/income which has been received or deemed to have been received. ITAT, Kolkata recently held that remuneration directly remitted to the NRE account is taxable in India …
Ratio Decidendi
- Payment for performance guarantee is not interest as per Article 12 of India-Denmark DTAA – ITAT, Chennai
- Pre-construction activities not to be considered for ascertaining eligibility of deduction under Section 80IB(10) – High Court of Madras
- No international transaction can be inferred, absent an agreement to share /reimburse AMP expenditure – ITAT, Mumbai
- Documentation for intra-group services cannot be more burdensome than for services from un-related parties – ITAT, Delhi
