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No withholding tax requirement on payment made for purchase of software from Foreign Co.

May 11, 2020[2020] 115 341 (Pune - Trib.)/[2019] 75 ITR(T) 675 (Pune - Trib.)

INCOME TAX : Basis condition for application of section 10AA(9) read with section 80-IA(10) is an arrangement between parties to enable assessee to earn super normal profits, in absence of any such arrangement between assessee and selected comparable companies, provisions of section 10AA(9) would not apply to assessee

INTERNATIONAL TAXATION : There being no requirement under DTAA between India and USA to deduct tax at source out of payments towards purchase of off-the-shelf software from foreign companies, assessee was not in default for non-deduction of tax at source out of such payments

TRANSFER PRICING : Where TPO had excluded a comparable company on allegation that consistent loss making filter was not met but facts showed that OP/OC on segemental level was positive , TPO was directed to include segmental results of comparable company

TRANSFER PRICING : Company providing pre-pressed services cannot be compared with assessee which under ITES segment undertakes back office accounting in HR services

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