India- Ireland DTAA: Transfer of exclusive rights of copyright in computer software, not mandatory to classify receipts as royalty: AAR


Citation of the Case:  Applicant name – SkillSoft Ireland Limited, Authority – Authority for Advance Rulings (AAR)), A.A.R. No. 985 of 2010, Date of Ruling: 20/07/2015 Brief of the Case Authority for Advance Rulings held In the case of SkillSoft Ireland limited that in the case of Synopsis International Old Ltd. 212 TAXMAN 454 (Kar), high court […] Continue Reading

Transfer of shares of Indian company to Singapore Company, by a Mauritius company having no PE, not taxable in India- AAR


Citation of the Case: Applicant name – Dow AgroSciences Agricultural Products Ltd, Mauritius, Authority – Authority for Advance Rulings (AAR)), A.A.R. No. 1123 of 2011, Date of Ruling: 11/01/2016 Brief of the Case Authority for Advance Rulings held In the case of Dow AgroSciences Agricultural Products Ltd, Mauritius that the Article 13 of the Indo-Mauritius DTAA which deals […] Continue Reading

Settlement amount against surrender of right to sue, not chargeable to tax either as capital gain or income from other sources – AAR


Citation of the Case: Applicant name – Lead Counsel of Qualified Settlement Fund (QSF), USA, Authority – Authority for Advance Rulings (AAR)), A.A.R. No. 1060 & 1078 of 2010, Date of Ruling: 12/01/2016 Brief of the Case Authority for Advance Rulings held In the case of Lead Counsel of Qualified Settlement Fund (QSF), USA, that it is clear […] Continue Reading

Assessee making periodically RBI approved royalty payments to its AE, TPO not justified in determining ALP at Nil


Citation of the Case: Dy. Commissioner of Income Tax -Vs- M/s. Kirby Building Systems (ITAT Hyderabad), I.T.A No.316/Hyd/2015, Date of decision: 07-08-2015 Brief about the case The assessee-company was engaged in the business of manufacture of pre-engineered building system products. During relevant year, assessee entered into international transactions with its AE situated in Kuwait. In […] Continue Reading

India- USA DTAA: Settlement amount against surrender of right to sue, not in nature of future income compensation is not assessable as income: AAR


Citation of the Case: Applicant name – Aberdeen Claims Administration Inc., USA and Aberdeen Asset Management Plc., UK,, Authority – Authority for Advance Rulings (AAR)), A.A.R. No. 1364, 1370 & 1433 of 2012, Date of Ruling: 19/01/2016 Brief of the Case Authority for Advance Rulings held In the case of Aberdeen Claims Administration Inc., USA and Aberdeen Asset […] Continue Reading