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Sum received for providing design activity not taxable if no technical or consultancy service was rendered: AAR

February 18, 2021[2021] 124 382 (AAR - New Delhi)

INTERNATIONAL TAXATION : Where applicant a Japanese company had entered into an offshore supply contract for design, manufacture and supply of imported plant, machinery and equipment for Continuous Annealing Process Line with JCAP, however, applicant by providing 'design' activity as referred in contract, had not rendered any managerial, technical or consultancy service, no FTS component was included in contract and thus, amounts received/receivable by applicant will not be chargeable to tax in India under provisions of Income-tax Act and Double Taxation Avoidance Agreement between India and Japan.

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