
ITAT: Offshore Supply Profits Not Taxable in India
The ITAT ruled that profits from offshore supply are not taxable in India when title, payment, and supply operations occur outside India under Sections 5(2) and 9(1)(i) of the Income Tax Act.
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The ITAT ruled that profits from offshore supply are not taxable in India when title, payment, and supply operations occur outside India under Sections 5(2) and 9(1)(i) of the Income Tax Act.

The ITAT held that cost-to-cost salary reimbursement for seconded employees without markup does not constitute fees for technical services (FTS) and is not taxable in India.

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ITAT holds that Toyota Tsusho did not create a permanent establishment in India as supervisory activities did not exceed 183 days, per Article 5(4) of the India-Japan DTAA.

ITAT rules that profits from offshore supply contracts are not taxable in India when title, payment, and supply operations occur entirely outside India under section 5(2) and 9(1)(i) of the Income Tax Act.

The ITAT held that cost-to-cost salary reimbursement for seconded expatriate employees, without markup, does not constitute Fees for Technical Services (FTS) and is not taxable in India.
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