2 July 2010,Friday Kapil Goel B.Com(H) FCA LLB Advocate Delhi ...

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DHC Royalty Sahara…• Appellant/ Revenue’s Contention: The revenue insists that the payment made by therespondent/ assessee to IMG Canada for the said rights of title sponsorship amounted to aroyalty payment under Article 13 (3) of the said DTAA … Held:• “We have also examined the terms of the agreement between the respondent/ assesseeand IMG Canada. It is clear that what has been paid for by the respondent / assessee is theright of title sponsorship and the benefits connected therewith, which have been set out inthe Schedule to the said agreement and to which we have already referred to above ….What the <strong>Com</strong>missioner of Income Tax (Appeals) failed to note was that there was notransfer of a copyright or the right to use the copyright flowing from IMG Canada to therespondent / assessee and, therefore, any payment made by the respondent/ assessee toIMG Canada would not fall within Article 13(3)(c) of the said DTAA. The reference inArticle 13(3)(c) is to “any copyright” and it is not a reference to “any right”. 9. In thesecircumstances, we feel that the findings of fact and law and the conclusions arrived at bythe Tribunal are correct”
<strong>Delhi</strong> ITAT Maruti Udyog IndiaFrance DTAA FTS11.4 From plain reading of above letter one may find that theimpact test to be conducted by UTAC were purely technical innature. After carrying out the impact tests in above manner testingreports were submitted to assessee which were utilised for thepurposes of modification of the products. This in our consideredopinion will amount to rendering of technical services/ informationin form of impact testing reports by UTAC France to the assessee.Accordingly, the amounts paid by the assessee to UTAC would be innature of technical or consultancy services. (wide FTS Clause- MFNthere)refer latest Mumbai ITAT ruling in Bureau Veritas 131 TTJ 29 onIndia France DTAA- MFN applied
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Page 3 and 4: Outline• Mumbai Bench of ITAT in
Page 5 and 6: Outline• Taxability of Offshore S
Page 7 and 8: Tax Avoidance: SC AzadiBachao• Th
Page 9 and 10: Tax Avoidance: E-Trade• E*Trade M
Page 11 and 12: Tax Avoidance: E-Trade• The AAR r
Page 14 and 15: Tax Avoidance: E-Trade• Bombay Hi
Page 16 and 17: Tax Avoidance: STAR AAR…..Be that
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Page 32 and 33: Bang ITAT Mondial Orient• AAR Con
Page 34 and 35: Delhi ITAT Lucent ServicePEHeld: A
Page 36 and 37: BHC in Krupp GmbH• The learned Co
Page 38 and 39: BHC in Krupp GmbH• Further refer:
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Page 54 and 55: AAR in HMS Real Estate• HMS real
Page 56 and 57: AAR in Airport Authority case• Th
Page 58 and 59: AAR Software : AirportAuthority cas
Page 60 and 61: AAR Seagate: India SingaporeDTAA•
Page 62 and 63: AAR Seagate: India SingaporeDTAA•
Page 64 and 65: Delhi ITAT ParasrampuriaSynthetics
Page 66 and 67: AAR IN Royal Bank ofCanada• There
Page 68 and 69: Kar High Court Illions case• Kar
Page 70 and 71: “Technopromexport”HELD11. In vi
Page 72 and 73: “Technopromexport”HELD• As ob
Page 74 and 75: AAR in Hyundai and MistubishiAOP Co
Page 76 and 77: Mumbai ITAT in Valentine 3taxmann.c
Page 78 and 79: Delhi ITAT Pioneer India USADTAA 1
Page 80: Thank YouKapil Goelcakapilgoel@gmai

2 July 2010,Friday Kapil Goel B.Com(H) FCA LLB Advocate Delhi ...

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