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Income deemed to accrue or arise in India SLP granted against ruling that where pursuant to an agreement with Indian company R all rights and obligations to sell

SUPREME COURT OF INDIA

 

Special Leave to Appeal (C) No. 9055 of 2017.

 

Director of income Tax...........................................................................Appellant.
Vs.
Nortel Networks India International Inc. ...............................................Respondent

 

R.K. Agrawal & Abhay Manohar Sapre, JJ.

 
Date :May 4, 2017.
 
Appearances

Tushar Mehta, ASG, D.L. Chidananda, Ms. Purnima Bhat Kak, Shramik Sanjanwala and Mrs. Anil Katiyar, Advs. For the petitioner.


Section 9 of the Income Tax Act, 1961 — Income — Income deemed to accrue or arise in India — SLP granted against ruling that where pursuant to an agreement with Indian company R all rights and obligations to sell, supply and deliver equipments were assigned to assessee US company by its Indian associated enterprises and in terms of assignment contract supplies and payments were directly made between assessee and R and  Indian associated enterprises did not maintain any stock in India, no part of assessee's  income could be brought to tax in India — Director of Income Tax vs. Nortel Networks India International Inc.


JUDGMENT


Delay condoned.

Leave granted.

Tag with Civil Appeal NO. 6102 of 2015.

 

[2017] 248 TAXMAN 79 (SC)

 
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