2013 (1) TMI 601

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..... DHYANI, JJ. Present: Mr. Hari Mohan Bhatia, Advocate for the appellants. Mr. S.K. Posti, Advocate for the respondent. BARIN GHOSH, C.J. (Oral) All these appeals raise similar questions of law and facts and, accordingly, are taken up together and are decided by this common judgment. 2. Contents of Section 44BB of the Income Tax Act, 1961 (hereinafter referred to as "the Act") are t....

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....tion 44BB i.e. less than 10 per cent of such remuneration, it is the requirement that the assessee must keep and maintain books of accounts and other documents as required under sub-section (2) of Section 44AA and to have his accounts audited and to furnish a report of such audit as required under Section 44AB of the Act. In the instant case, assessee did not maintain any such books of accounts no....

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....unsel for the respondent that a view contrary to our view, as expressed above, has been taken in Income Tax Appeal No. 89 of 2007 and connected Appeals by a Division Bench of this Court. In that case, the Division Bench was not concerned with a tripartite agreement, inter se, three individuals, one of which is an instrumentality of the Union of India, another an Indian public limited liability ....

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.... in India, such an enterprise will not come within the taxable jurisdiction in India. In other words, by the said international treaty, the Government of India has accepted that a non-resident engaged in the business of providing services and facilities, as mentioned in Section 44BB, if is a US enterprise, will only come within the purview of Section 44BB, if it has a permanent establishment in In....