SALARY REIMBURSEMENT NOT SUBJECT TO WITHHOLDING TAX AS FEES FOR TECHNICAL SERVICES: RULES TRIBUNAL
In a recent ruling[efn_note]Serco India Pvt. Ltd v. DCIT, TS-363-ITAT-2023 (DEL)[/efn_note], the Income Tax Appellate Tribunal, Delhi (“Tribunal”) while differentiating the rulings in Centrica India Offshore[efn_note]Centrica India Offshore Pvt. Ltd v. CIT, TS-237-HC-2014 (DEL)[/efn_note]and Northern Operating Systems[efn_note]C.C, CE & ST v. Northern Operating Systems Pvt. Ltd., (2022) 101 GSTR 391 (SC)[/efn_note] ruled that reimbursement of […]
Tribunal emphasizes importance of TRC: Upholds eligibility of Mauritius based CIV for tax treaty benefits
In a recent ruling[efn_note]TS-308-ITAT-2023(DEL)[/efn_note], the Income Tax Appellate Tribunal, Delhi (“Tribunal”) recognized and upheld the importance of the Tax Residency Certificate (“TRC”) and held that a Mauritius-based Collective Investment Vehicle (“CIV”) registered as a Foreign Portfolio Investor (“FPI”) by the Securities and Exchange Board of India (“SEBI”) is entitled to the benefits provided under the […]