Trace Your Case

ISSUE:

Whether the amounts received/receivable by the applicant from Petronet LNG for offshore supply of equipment, materials, etc., are liable to be taxed in India under the provisions of the Income Tax Act,1961?

RULE:

Whatever is payable by a resident to a non-resident by way of fees for technical services, thus, would not always come within the purview of S.9(1)(vii) of the Income Tax Act,1961.

Services of a non-resident to a resident utilized in India may not have much relevance in determining whether the income of the non-resident accrues or arises in India.

It must have sufficient territorial nexus with India so as to furnish a basis for the imposition of tax.

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