NETAPP B.V.,NOIDA vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI
What did the Tribunal hold?
The Tribunal, following its own prior decisions for the assessee, held that the company did not have a PE in India. Consequently, income from storage product sales and service fees were not taxable in India. Interest under section 234B was set aside, and penalty proceedings were dismissed as premature.
What were the facts?
The assessee, a non-resident Dutch company, was held to have a Permanent Establishment (PE) in India by the Assessing Officer (AO) due to its subsidiary, NetApp India. The AO taxed income from storage products, embedded software as royalty, and service fees as Fees for Technical Services (FTS).
What were the issues?
Whether the assessee has a Permanent Establishment in India, and whether income from product sales, software, and services is taxable in India as business income, royalty, or FTS.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(5)Show listHide 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.
- Engineering Analysis Centre of Excellence (P) Ltd. v. CIT914 citing432 ITR 471 · 2021 · SC · Read judgment
- DIT v. Infrasoft Ltd.269 citing264 CTR 329 · 2013 · HC
- DIT v. Guy Carpenter & Co Ltd.171 citing346 ITR 504 · 2012 · HC
- DIT v. E-Funds IT Solution61 citing226 Taxmann 44 · 2014
- Adobe Systems Incorporated v. Assistant Director of Income-tax11 citing69 Taxmann.com 228 · 2016 · HC
Income Tax Appellate Tribunal, DELHI BENCH ‘D’: NEW DELHI
Order pronounced on 20th September, 2021.
Sd/- Sd/- (N. K. BILLAIYA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 20/09/2021 PK/Ps
33 ITA N.1882 /Del/2017 Net App B.V vs. DCIT
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