Vasu Technical Services vs Superintendent Of Central Tax on 2 January, 2025
Author: G.Radha Rani
Bench: G.Radha Rani
larger
Bench decision in Balco vs. Kaiser Aluminium
Technical Services Inc. [(2012) 9 SCC 552] :-
"33. ..............
The five-Judge Bench in Balco [Balco ... Kaiser
Aluminium Technical Services Inc., (2012) 9 SCC
552 : (2012) 4 SCC (Civ) 810] dealt with this
problem as follows
that its income was not chargeable to tax
as fees for technical services or royalty. Its income from sale of SDFC
Products ... professional services
provided to customers of SFDC India under a separate contract; and, (c)
training services provided by SFDC India to customers / support
services
rendering of any technical or consultancy services (including the
provision of services of a technical or other personnel) which :
(a) are ancillary and subsidiary ... development and
transfer of a technical plan or technical design.
5. The definition of fees for technical services in paragraph 4 of this
Article shall
face value of shares plus 10/- as consideration for
Technical Services; Assets of Joint Venture were to revert to State.
The termination was confirmed ... write back and recover from EIH any payment
on account of technical services in the books of accounts of Joint
Venture Company without prejudice
face value of shares plus 10/- as consideration for
Technical Services; Assets of Joint Venture were to revert to State.
The termination was confirmed ... write back and recover from EIH any payment
on account of technical services in the books of accounts of Joint
Venture Company without prejudice
face value of shares plus 10/- as consideration for
Technical Services; Assets of Joint Venture were to revert to State.
The termination was confirmed ... write back and recover from EIH any payment
on account of technical services in the books of accounts of Joint
Venture Company without prejudice
face value of shares plus 10/- as consideration for
Technical Services; Assets of Joint Venture were to revert to State.
The termination was confirmed ... write back and recover from EIH any payment
on account of technical services in the books of accounts of Joint
Venture Company without prejudice
petitioner, at the same time profits derived from business of
rendering technical services outside India are eligible for
deduction under section 80HHE ... expenses, if
any incurred in foreign exchange in providing the technical
services outside India". Section 80HHE provides for deductions
in respect of profits from
manufacture of computer software' and the provision of
'technical services'?
(iv)Whether on the facts and in the circumstances of the
case ... customer
requirements, etc. and that
“software development”
will not amount to
“technical services” within
the meaning of Clause (iv)
to Explanation to Section