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2018 (11) TMI 1862 - AT - Income TaxIncome accrued in India - PE in India - taxability of fees received from Wockhardt Hospitals Ltd pursuant to Master Service Agreement - whether falls under fees for technical services or royalty? - HELD THAT:- We find that the Tribunal right from the Assessment Year 2002-03 to 2012-13 held that these payments received by the assessee from Wockhardt Hospitals Ltd can neither be said to be royalty nor FTS. It was also held that entire payment received by the assessee from Wockhardt Hospitals Ltd is in the nature of business profits and since the assessee does not have a PE in India the same should not be brought to tax in India Respectfully following the said order of the Tribunal [2018 (5) TMI 2077 - ITAT MUMBAI] we hold that the consideration received by the assessee pursuant to Master Service Agreement is neither royalty nor FTS but the same are in the nature of business profits and since the assessee do not have a PE in India, the same cannot be brought to tax in India. appeal of the assessee is allowed.
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