RGA INTERNATIONAL REINSURANCE COMPANY DESIGNATED AUTHORITY COMPQNY,MUMBAI vs. DCIT (INTERNATIONAL TAXATION) 4(1) (1), MUMBAI

ITA 803/MUM/2022Status: DisposedITAT Mumbai06 September 2023AY 2018-1954 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that RGA Services India Pvt. Ltd. did not qualify as a Permanent Establishment (PE) because it lacked the necessary license to act as a reinsurer or broker in India and did not assume any risk or invest assets. Therefore, the income was not taxable in India.

What were the facts?

The assessee, a foreign reinsurance company, received substantial premiums from Indian insurance companies. The Assessing Officer held that the assessee had a Permanent Establishment (PE) in India through its associated enterprise, RGA Services India Pvt. Ltd., which provided crucial support services.

What were the issues?

Whether the Indian associated enterprise of a foreign reinsurer constitutes a Permanent Establishment (PE) in India, and consequently, whether the reinsurance premium income is taxable in India.

Which sections of the Income-tax Act were involved?

Section 143(2),Section 142(1),Section 144C(5)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(12)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, MUMBAI BENCH “I”, MUMBAI

Before: SHRI S. RIFAUR RAHMAN, HONBLE & SHRI RAHUL CHAUDHARY, HONBLE

For Appellant: Shri Anish Thacker
For Respondent: Shri Ajay Kumar Sharma
Pronounced: 06.09.2023

PER S. RIFAUR RAHMAN (AM)

1.

These appeals are filed by assessee against final assessment order and directions of the Dispute Resolution Panel of Learned Commissioner of Income Tax (DRP-2), Mumbai-1 [hereinafter in short “Ld.DRP”] dated

ITA NO. 803 & 2330/MUM/2022 RGA International Reinsurance Company Designated Activity Company 18.01.2022 and 01.06.2022 for the A.Ys. 2018-19 and 2019-20 respectively, passed u/s. 144C(5) of Income-tax Act, 1961 (in short “Act”).

2.

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 142(1)

All 17,244 judgments and leading authorities on Section 142(1) →

Recent GST High Court judgments

Search GST case law →