https://www.taxtmi.com/caselaws?id=6599 A firm situated in India is treated as non-resident only if its control and management are wholly outside India; de facto control and management, not a merely formal right to control, determines residence. On the facts stated, day-to-day management remained with the resident partner in India, so the firm could not be regarded as non-resident. Questions on deduction under section 80-IC and processing charges were not answered because the outsourcing arrangement and the nature of the direct business were insufficiently disclosed. A ruling on the exemption position of a resident company was held to be outside advance ruling jurisdiction. en-us Wed, 08 Nov 2006 00:00:00 +0530 Thu, 15 Jan 2009 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=6599 A firm situated in India is treated as non-resident only if its control and management are wholly outside India; de facto control and management, not a merely formal right to control, determines residence. On the facts stated, day-to-day management remained with the resident partner in India, so the firm could not be regarded as non-resident. Questions on deduction under section 80-IC and processing charges were not answered because the outsourcing arrangement and the nature of the direct business were insufficiently disclosed. A ruling on the exemption position of a resident company was held to be outside advance ruling jurisdiction. Case-Laws Income Tax Wed, 08 Nov 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=6599