Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
The issue pertains to whether the amounts received as sales commission by a non-resident assessee are in the nature of fees for included services, and whether such income accrued or arose in India. The court held that the case is covered by the decisions in Toshoku Ltd. and Evolv Clothing Co.(P). Ltd., which dealt with Section 9(1)(i) of the Act and its Explanation (a). If all operations are carried out in India, the entire income is deemed to accrue in India. However, if operations are not entirely carried out in India, only the part of income reasonably attributable to operations in India is deemed to accrue in India. If no operations are carried out in the taxable territories, income accruing abroad through business connection in India cannot be deemed to accrue in India. The decision was in favor of the assessee.
The issue pertains to whether the amounts received as sales commission by a non-resident assessee are in the nature of fees for included services, and whether such income accrued or arose in India. The court held that the case is covered by the decisions in Toshoku Ltd. and Evolv Clothing Co.(P). Ltd., which dealt with Section 9(1)(i) of the Act and its Explanation (a). If all operations are carried out in India, the entire income is deemed to accrue in India. However, if operations are not entirely carried out in India, only the part of income reasonably attributable to operations in India is deemed to accrue in India. If no operations are carried out in the taxable territories, income accruing abroad through business connection in India cannot be deemed to accrue in India. The decision was in favor of the assessee.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4918 
