The Resource Assistant Director of Income Tax-I v e-Funds IT Solution Inc : Civil Appeal No 6082 of 2015

Assistant Director of Income Tax-I v e-Funds IT Solution Inc : Civil Appeal No 6082 of 2015

Label
Assistant Director of Income Tax-I v e-Funds IT Solution Inc : Civil Appeal No 6082 of 2015
Title
Assistant Director of Income Tax-I v e-Funds IT Solution Inc : Civil Appeal No 6082 of 2015
Contributor
Subject
Language
eng
Summary
Judgment by Supreme Court of India, judgment date 24 October 2017. Two related US companies had an indirect wholly-owned subsidiary in India. They were engaged in the business of electronic payments, ATM management services, etc. All of their customers were located outside India. The US companies had outsourced certain tasks to the Indian subsidiary. The Indian tax authorities concluded, inter alia, that the arrangement between the US companies and the Indian subsidiary gave rise to the US companies' permanent establishments in India. Earlier, the Income Tax Appellate Tribunal had upheld the Indian tax authorities' position on the basis of a mutual agreement procedure (MAP) between the Indian and the US competent authorities for a different tax year. The ITAT rejected the US companies' argument that the MAP resolution could not constitute a binding precedent for the future tax years. Thereafter, the Delhi High Court had reversed the ITAT's conclusion. The Supreme Court concluded that the US companies had neither a fixed place PE in India under Art. 5(1) of the treaty nor service PE in India under Art. 5(2)(l) of the treaty
Citation source
In: International tax law reports. - London. - Vol. 20 (2017), part 2 ; p. 223-258
Geographic coverage
  • Asia
  • North America
Language note
English
http://library.link/vocab/relatedWorkOrContributorName
Baker, P
http://library.link/vocab/subjectName
  • case law
  • PE
  • MAP
  • tax treaty
Label
Assistant Director of Income Tax-I v e-Funds IT Solution Inc : Civil Appeal No 6082 of 2015
Instantiates
Publication
Label
Assistant Director of Income Tax-I v e-Funds IT Solution Inc : Civil Appeal No 6082 of 2015
Publication

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