2015 (12) TMI 912 - SCH - Income Tax

Apex Court dismissed the appeal of the assessee wherein HC has decided the issue against the assessee i.e Whether the secondment of employees by BSTL and DEML, the overseas entities, falls within Article 12 of the India-Canada and Article 13 of the India-UK DTAAs High Court in this case 2014 (5) TMI 154 - DELHI HIGH COURT had uphold the order of AAR and observed that, The nomenclature or lesser-than-expected amount charged for such services cannot change the nature of the services - once it is established that there was a provision of services, the payment made may indeed be payment for services - which may be deducted in accordance with law - or reimbursement for costs incurred thus, the ruling of AAR is upheld Decided against Assessee.

Summary

The Supreme Court dismissed the Special Leave Petition in the case with citation 2015 (12) TMI 912 - SC. Judges Madan B. Lokur and C. Nagappan presided over the case. Petitioner represented by S. Ganesh, Nageswar Rao, Sandeep Karhail, Ms. Sayaree Basu Mallik, and Ambhoj Kumar Sinha.