Director of Income Tax v e-Funds IT Solution and related appeals : Income Tax Appeal No 735/2011

Resource Information

The work Director of Income Tax v e-Funds IT Solution and related appeals : Income Tax Appeal No 735/2011 represents a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation. This resource is a combination of several types including: Work, Language Material, Continuing Resources.

Label

Director of Income Tax v e-Funds IT Solution and related appeals : Income Tax Appeal No 735/2011

Creator

• Goradia, S

Contributor

• Baker, P

Subject

• PE
• case law
• MAP
• tax treaty
• fixed place of business

Language

eng

Summary

Judgment by the High Court of Delhi at New Delhi, judgment date 5 February 2014. The taxpayers were companies resident in the US. They paid income tax on their global income in the US. Through a series of holding companies, the taxpayers owned a subsidiary in India, "e-Fund India". The taxpayers entered into contracts with e-Fund India. E-Fund India was taxed on its global income in India and the transactions with the taxpayers were the subject of "arm's length" adjustication by the Revenue. The Revenue claimed that the taxpayers were liable to tax in India arguing on a number of grounds that they had a permanent establishment in India. India and the US resorted to the Mutual Agreement Procedure under art 27 of the India-US double taxation agreement and had agreed to the taxation of the income in India. The Revenue argued that this meant that the issue could not be relitigated

Citation source

In: International tax law reports. - London. - Vol. 16 (2014),

http://bibfra.me/vocab/relation/comm

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Geographic coverage

• Asia
• North America

Language note

English