2024 (4) TMI 205 - SCH - Income Tax

Income taxable in India - PE in India - Liaison Office in India - income directly or indirectly attributable to the branches/offices taxable in India or not? - whether no income is liable to attributable in India even MIPL is taken as Dependent Agency PE to the assessee in India? - As decided by HC 2022 (11) TMI 1346 - DELHI HIGH COURT Liaison office of the assessee did not constitute a Permanent Establishment AND MIPL is not performing additional function and in absence of material, it cannot be taken as dependent agency PE to the assessee liable to tax in India. HELD THAT - There is gross delay of 395 days in filing this special leave petition. Nevertheless we are not inclined to interfere in the matter. Hence, the special leave petition also stands dismissed on the ground of delay as well as on merits.In doing so, we are following our earlier order in M/S MITSUI AND CO. 2018 (7) TMI 141 - SC ORDER saying evidence produced by the AO does not show that the LOs of the Assessee carried on any activity which was not incidental and auxiliary in nature. With the consistent position in this regard continuing since 1977-78, in the absence of any evidence to suggest a change in the circumstances, there was no warrant for the AO and the CIT (A) to take a different view of the matter. - Decided in favour of assessee

Summary

The Supreme Court dismissed the special leave petition due to a gross delay of 395 days, following a previous order dated 03.07.2018 in a similar case. All pending applications were disposed of accordingly.