Daily Archives: July 27, 2016

Cross-charge transactions under GST

By | July 27, 2016

Cross-charge transactions under GST Cross-charge transactions under GST : An update on the draft GST law concerns: Read a July 2016 report of KPMG In this edition of GST updates, we shall analyse (a) the  taxability of typical transactions between a head office and its branch offices, and (b) credit optimisation in case of centralised billing from… Read More »

Taxability of reimbursements for Mobilisation / demobilisation of vessels used in exploration for oil and gas

By | July 27, 2016

Mobilisation / demobilisation of vessels used in exploration for oil and gas: The Delhi Bench of the Income-tax Appellate Tribunal held that reimbursements paid by customers for the mobilisation / demobilisation of vessels used by the taxpayer in exploration for oil and gas and attributable to the distance travelled outside India are taxable. The case is: Western… Read More »

Payment for purchase of software is not royalty/ fees for Technical Services, hence no TDS u/s 195

By | July 27, 2016

Held AO/DRP have erred in treating the acquisition of software under the head ‘fee for technical services/royalty’ requiring the assessee to pay the tax on the same. [para 30] IN THE ITAT DELHI BENCH ‘I-1’ SAIC India (P.) Ltd. v. Deputy Commissioner of Income-tax, Circle 7(1), New Delhi KULDIP SINGH, JUDICIAL MEMBER AND N. K.… Read More »

Sale of Trademark registered in India not taxable as owned by Australian company

By | July 27, 2016

Held An, by its very nature, does not have any physical form. Therefore, it does not exist in a physical form at any particular location. The legislature could have, through a deeming fiction, provided for the location of an intangible capital asset, such as intellectual property rights, but, it has not done so insofar as… Read More »