Place of effective management determines corporate residence; companies are resident if key management and commercial decisions are made in India. A company is resident in India if it is an Indian company or if its place of effective management in that year is in India; 'place of effective management' means the place where key management and commercial decisions necessary for the conduct of the entity's business as a whole are, in substance, made. The amendment replaces the prior 'control and management' test and applies from 1 April 2017.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Place of effective management determines corporate residence; companies are resident if key management and commercial decisions are made in India.
A company is resident in India if it is an Indian company or if its place of effective management in that year is in India; "place of effective management" means the place where key management and commercial decisions necessary for the conduct of the entity's business as a whole are, in substance, made. The amendment replaces the prior "control and management" test and applies from 1 April 2017.
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