2023 (12) TMI 1190 - SCH - Income Tax

Income taxable in India - Fees for Technical Services (FTS) and hence exigible to tax u/s 44DA and Section 115Aof the Income Tax Act, 1961 - PE in India - whether Section 44BB of the Act would be applicable to the respondent/assessee, who is a second line contractor? - HELD THAT - Delay condoned. We are not inclined to interfere in the matter. The Special Leave Petition stands dismissed. However, liberty is reserved to the petitioner to raise the issue which arises in this Special Leave Petition, in the event any adverse final order is passed by the High Court against the petitioner herein. Pending application(s) shall stand disposed of.

Summary

The Supreme Court dismissed the Special Leave Petition, but reserved liberty for the petitioner to raise the issue in case of an adverse final order by the High Court.