Supreme Court · 2017 INSC 1048 · Decided 24 October 2017
Assistant Director of Income Tax-I, New Delhi v. MIS. E-Funds It Solution INC.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1048 · [2017] 10 S.C.R. 157
- Case number
- CIVIL APPEAL No. 6082/2015
- Decided
- 24 October 2017
- Bench
- R.F. NARIMAN, SANJAY KISHAN KAUL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act
Headnote
Income Tax Act, 1961: Business _income of companies incorporated in US - Taxability B of - Permanent establishment (PE) - The Income Tax Act, in C particular s.90 thereof, does not speak of the concept of a PE - This is a creation only of the DTAA - By virtue of Art. 7( 1) of income _of companies which are incorporated in the US will be taxable only in the US, unless it is found that they were PEs in India, in which event their business income, to the extent D to which it is attributable to such PEs, would be taxable in India - There must exist a fixed place of
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)