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Progress Rail Locomotive Inc (Formerly ... vs Deputy Commissioner Of Income Tax ... on 28 May, 2024
cites
Section 148 in The Income Tax Act, 1961 [Entire Act]
Section 147 in The Income Tax Act, 1961 [Entire Act]
Asstt Director Of Income Tax I New Delhi vs M/S E Funds It Solution Inc on 24 October, 2017
130. Regard must also be had to the fact that this Court in Director of
Income Tax vs. E-Funds IT Solution Inc.35, had held that mere
interaction or cross-transactions between an Indian enterprise and its
foreign principal would not meet the location PE test comprised in
Article 5(1) & (2). The relevant extracts of the judgment in E-Funds IT
Solutions Inc., as rendered by this Court is set out hereinbelow:
Commissioner Of Income-Tax, Andhra ... vs Visakhapatnam Port Trust on 17 June, 1983
85. We are of the opinion that the test laid down by the Andhra
Pradesh High Court in Visakhapatnam Port Trust case [CIT v.
Visakhapatnam Port Trust, 1983 SCC OnLine AP 287 : (1983) 144
ITR 146] fully stands satisfied. Not only the Buddh International
Circuit is a fixed place where the commercial/economic activity of
conducting F-1 Championship was carried out, one could clearly
discern that it was a virtual projection of the foreign enterprise,
namely, Formula-1 (i.e. FOWC) on the soil of this country. It is
already noted above that as per Philip Baker [ A Manual on the
OECD Model Tax Convention on Income and on Capital] , a PE
must have three characteristics: stability, productivity and
dependence. All characteristics are present in this case. Fixed place
of business in the form of physical location i.e. Buddh International
Circuit, was at the disposal of FOWC through which it conducted
business. Aesthetics of law and taxation jurisprudence leave no
doubt in our mind that taxable event has taken place in India and
non-resident FOWC is liable to pay tax in India on the income it has
earned on this soil.‖
W.P.(C) 12405/2019 & Connected Matters
Section 9 in The Income Tax Act, 1961 [Entire Act]
Article 9 in Constitution of India [Constitution]
Article 2 in Constitution of India [Constitution]
Section 5 in The Income Tax Act, 1961 [Entire Act]
Formula One World Championship Ltd vs Commissioer Of Income Tax, ... on 24 April, 2017
60. To buttress his submission that PRIPL constituted a Service PE,
Mr. Agarwal also placed reliance upon the Technical Explanation of the
India-USA DTAA, and more particularly to the following extracts: