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2018 (7) TMI 1614 - ITAT MUMBAIAdjustment of Transfer Pricing - determine the Arms Length Price (ALP) on account of reimbursement of personnel costs - FTS - income of the recipient chargeable under the head ‘salary’ in view of the expenses - Held that:- The payment in question being reimbursement of salary is not fee for technical services in the light of relevant provisions of the Act and India-Singapore DTAA. Further, there is no dispute that the assessee has made payment towards the reimbursement of salary expenditure, which clearly shows that there is no element of profit in the said payment. The agreement clearly supports this fact. Even otherwise, the entire amount of salary received by Shri Vineet Nagrani, has been subjected to tax in India and there is no dispute on this. Accordingly, we are of the view that it cannot be taxed in the hands of the assessee. Accordingly, this main issue is decided in favour of assessee. As regards to other alternative issues, we need not to adjudicate as we have decided the main issue in favour of assessee.
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