Income accrued in India - though the assessee had business ...

Profits from Indian operations not taxable as business profits due to lack of Permanent Establishment under Article 7.

October 10, 2018

Case Laws Income Tax AT

Income accrued in India - though the assessee had business connection, it did not have any fixed place PE or agency place PE in India, and, in the absence of any PE in India, the profits, if any, attributable to India’s operation could not be assessed as business profits under Article 7 of the Treaty.

View Source

← Previous Next →

Income accrued in India - though the assessee had business ...

Profits from Indian operations not taxable as business profits due to lack of Permanent Establishment under Article 7.

October 10, 2018

Case Laws Income Tax AT

You may also like:

The assessee failed to deduct tax on professional fees paid to various non-residents. The Assessing Officer (AO) held that the fees were liable to tax in India under the...

Income deemed to accrue or arise in India - offshore supply of design and engineering inextricably linked with manufacturing and supply of equipment, not taxable as Fees...

Accrual of income in India - PE in India or not? - Agency PE - whether assessee has a business connection in India under Section 9(1)? - The ITAT Delhi ruled in favor of...

Treatment of property lease income as income under the head “Profits and Gains of Business or Profession” - the nature of business of the assessee as “Operation of Mall’...

Interconnectivity usage charges received by a foreign entity from an Indian entity cannot be considered as Fees for Technical Services (FTS) under domestic law or the...

Income taxable in India or not - FTS/FIS - payments received by the assessee from its Indian customers on account of Centralized Services - absence of PE in India - The...

Income deemed to accrue or arise in India - Attribution of Profit to permanent establishment (PE) in India - The Tribunal observed that while the Assessing Officer...

The High Court upheld the Tribunal's decision regarding the allowability of expenses incurred for garnering FCNR deposits to be maintained at the assessee bank's Indian...

Set off of brought forward business loss of earlier years - We also see no conflict in an income being taxable under the head profits and gains from business or...

Assessment u/s 172(4) - Shipping business of non-residents - The profits earned by the assessee in respect of the slot hire operations, or for that purpose any other...

CBDT amended Income Tax Rules 1962 by introducing Rule 6GB u/s 44BBC, establishing conditions for non-resident cruise ship operators. The amendment specifies four key...

Characterization of arbitral award compensation as business income under India-Japan tax treaty. Principal portion arising from contractual obligation constitutes...

TDS u/s 195 - assessee in default - payroll services rendered by IBM Philippines to the assessee - as per Article 7(1) of Indian Philippines DTAA, the business profits...

The ITAT Delhi held that the additional income surrendered due to excess stock should be treated as unexplained investment taxable u/s 69 of the Act, not as business...

ITAT ruled against establishing a dependent agent Permanent Establishment (PE) of foreign entity (Japan) through its Indian subsidiary under India-Japan DTAA Article 5....

Quick Updates: