2014 (3) TMI 1052 - HC - Income Tax

Taxability of receipts in US dollars - Interest under section 234B - Held that - We find that the consistent understanding and approach of the parties as is now confirmed by Hon ble Supreme Court of India as well in the case of Commissioner of Income Tax & Anr Vs. Hyundai Heavy Industries Co.Ltd, 2007 (5) TMI 196 - SUPREME Court that it is only the income of the business as is reasonably attributed to the operation carried out in India which can be said to be covered by subsection( 1) of section 9 of the Income Tax Act, 1961. In the present case, as a finding of fact, it has been concurrently held that the receipts in US dollars mentioned in paragraph 4.2 of the Commissioner of Income Tax (Appeals) are not taxable. The only aspect that would be said to be covered is the one in paragraph nos.4 and 4.1 of the order of the Commissioner of Income Tax (Appeals). The Tribunal therefore was right in upholding this order and equally directing deletion of the interest under section 234B of the Income Tax Act, 1961.

Summary

Issues Involved:

1. Substantial question of law regarding the status of the assessee and the existence of a permanent establishment.
2. Interpretation of section 9 of the Income Tax Act, 1961 regarding the taxation of business income attributable to operations in India.

Analysis:

1. The High Court examined the appeal, considering the appellant's argument on the substantial question of law regarding the status of the assessee and the existence of a permanent establishment. The Court noted that both the department and the assessee agreed that the assessee, a nonresident based in Mauritius, had a permanent establishment in India, making the income assessable as business income. Consequently, the Court found that the substantial question of law regarding the status of the assessee or the existence of a permanent establishment did not arise for consideration. The appeal was dismissed on this issue due to the lack of merit.

2. The Court further analyzed the interpretation of section 9 of the Income Tax Act, 1961 concerning the taxation of business income attributable to operations in India. Referring to a previous judgment of the Hon'ble Supreme Court of India, the Court highlighted that only the income reasonably attributed to operations in India falls under subsection (1) of section 9. In the present case, it was established as a fact that certain receipts in US dollars were not taxable, while other aspects of income were found to be covered by the provisions. The Tribunal's decision to uphold the order of the Commissioner of Income Tax (Appeals) and delete the interest under section 234B of the Income Tax Act, 1961 was deemed appropriate. The Court concluded that no substantial question of law arose from the factual findings of the authorities, leading to the dismissal of the appeal on this ground as well.

In summary, the High Court dismissed the appeal as it found no substantial question of law regarding the status of the assessee or the existence of a permanent establishment. Additionally, the Court upheld the decision regarding the interpretation of section 9 of the Income Tax Act, 1961, confirming the taxation of business income attributable to operations in India based on factual assessments.