Document Fragment View

Matching Fragments

ITO (IT)-3(2)(2) Vs. M/s Macrotech Developer Ltd.

interior planning and designing, sales office colour schemes, furnishing selections, in Dubai.

                               material and decorative specifications,
                               indoor     plants      designing     and          Such
                               recommend indoor planters for the                 services are
                               project sales office and sample flat.             not table as
                               HBA provides its report detailing                 'Fees for
                               above mentioned specification. As a               Technical
                               marketing strategy, every business                Services'
                               would try to distinguish its project              since the
                               from other products available in the              services do
                               market by offering some unique                    not meet
                               features. Similarly, the management               'Make
                               of Company decided to bring                       available'
                               international expertise in India to offer         Criteria.
                               unique and different product to the
                               customers. The services provided by
                               HBA Designs are so unique and
                               project specific which cannot be
                               performed by anybody and everybody
                               unless such person is in possession of
                               specific skill set and knowledge
3.   Windtech      Australia   Windtech had provided wind climate                Wind climate
     Consultant                analysis services for the Washington              Analysis
     Pty. Ltd.                 House project. This inter-alia includes           Consultancy
                               analyzing and testing the blow of the             Service Such
                               wind in the area where the project is             services are
                               being developed and the impact it has             not taxable
                               on the building. Windtech provides its            under India-
                               analysis and conclusion in the form of            Autralia
                               a report along with corrective                    DTAA in
                               measures if required. The services                absence of
                               provided by windtech are so unique                specific
                               and project specific which cannot be              provision
                               performed by anybody and everybody                dealing with
                               unless such person is in possession of            taxability of
                               specific skill set and knowledge.                 'Fees for
                                                                                 Technical
                                                                                 Services'.
                                                                                 The
                                                                                 provisions of
                                                                                 the DTAA
                                                                                 being more
                                                                                 beneficial,
                                                                                 have been
                                                                                 applied.
4.   KPMG United   United      KPMG UK had provided tax and                      Tax Advisory
     Kingdom PLC   Kingdom     regulating advisory services to the               and
                               company for with respect o its                    Consultancy
                               expansion of its business in the UK.              Services.
                               The Company was explain UK Real
                               Estate market in the FY 2014-15 and               Such
                               for this purpose it has approached                services are
                               KPMG UK to provide tax and                        not taxable
                               regulartory advisory services in                  as 'Fees for
                               relation to the prposed activities. The           Technical
                               services provided by KPMG UK                      Services'
                               aretechnical in nature and are with               since the
                               respect to the specific query asked by            services do
                               the Company. The advisory provided                not meet
                               by KPMG UK are technical in nature                'make
                               and cannot be performed by anybody                available'
                               and everybody unless such person is               criteria.
                               in possession of tax and regulatory
                               knowledge.
                                                                                               P a g e |6
                                                                                                4 Appeals