ADIT v. E-Funds IT Solution Inc.

301 CTR 601Supreme Court of India2018#3366 most cited

What is ADIT v. E-Funds IT Solution Inc. authority for?

Once a transfer pricing analysis has been undertaken in respect of an Indian associated enterprise (AE), nothing further needs to be attributed to it as a Permanent Establishment (PE), as this would extinguish the need for attribution of additional profits to the alleged PE.

35

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2019 to 2024.

Also referred to as

ADIT v. E-Funds IT Solution Inc. · transfer pricing analysis · associated enterprise · permanent establishment · attribution of profits · arm's length · income attribution

Sections most often in play

Section 139(1)Section 143(1)Section 144CSection 244A

Issues it is cited on

dependent agent petransfer pricing orderfixed place pefar analysispermanent establishmentsection 10atransfer pricing adjustmentarm's length pricetax treatysection 195section 144cassociated enterprise

Judgments citing ADIT v. E-Funds IT Solution Inc.

Adobe Systems Software Ireland Limited, Dublin (Ireland) vs. ACIT Circle 1(1)(1), International Taxation, New Delhi

Accordingly, the additions made by the Ld. AO in the impugned case deserve to be deleted on the merit for the year under consideration. Thus, the grounds raised are allowed and appeal of asseessee ...

ITA 3672/DEL/2023[AY 2021-22]Status: DisposedITAT Delhi09 Feb 2024

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmastay Application No.52/Del/2024 (Ita No.3672/Del/2023) Assessment Year: 2021-22 & Assessment Year: 2021-22 Adobe Systems Software Ireland Vs Acit, Limited, Circle-1(1)(1), Dublin (Ireland), International Taxation, 4-6, Riverwalk, Citywest Business New Delhi. Campus, Saggart, Dublin 24, Ireland. Pan: Aahca7203M (Applicant) (Respondent) Assessee By : Shri Ravi Sharma, Advocate & Ms Shruti Khimta, Ar Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 09.02.2024 Date Of Pronouncement : 09.02.2024 Order Per Anubhav Sharma, Jm: Heard & Perused The Records. 2. The Stay Application In Hand Has Been Filed For The Stay Of Demand In Regard To Ay 2021-22 And, During The Course Of Argument, It Was Submitted By Ita No.52/Del/2024

For Appellant: Shri Ravi Sharma, Advocate &For Respondent: Shri Om Parkash, Sr. DR
Section 139(1)

…s not sustainable in the light of the decision of the Hon’ble Supreme Court as above in the case of DIT vs Morgan Stanley & Co.(supra). To the same effect is the order of the ADIT v. E-Funds IT Solution Inc.[2017] 399 ITR 34(SC), Honda Motor Co. Ltd vs. ADIT (301 CTR 601)(SC) and of the Hon’ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C)2384, 2385, 2390 of 2013] and DIT v.BBC Worldwide Ltd.[2011] 203 Taxman 554(Delhi), once a transfer pricing analysis has been undertaken in respect of the Indian AE, nothing further would be left to be attributed to it as the alleged PE of Adobe Ireland and t…

Adobe Systems Software Ireland Ltd, Ireland vs. ACIT, Circle 1(1)(1), International Taxation, New Delhi

Appeal is allowed in terms indicate above

ITA 804/DEL/2023[2016-17]Status: DisposedITAT Delhi22 Dec 2023AY 2016-17

Bench: Shri Shamim Yahya & Shri Kul Bharat[Assessment Year : 2016-17] Adobe Systems Software Ireland Vs Acit, Ltd., 406, Riverwalk, Citywest Circle-1(1)(1), Business Campus, Saggart, International Dublin 24, Ireland Taxation, Pan-Aahca7203M New Delhi. Appellant Respondent Appellant By Shri Ravi Sharma, Adv. & Ms. Shruti Khimta, Ar Respondent By Shri Vizay B.Vasanta, Cit Dr Date Of Hearing 12.12.2023 Date Of Pronouncement 22.12.2023 Order Per Kul Bharat, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By Ld.Acit, Circle-International Taxation 1(1)(1), Delhi Dated 24.01.2023 For The Assessment Year 2016-17. 2. The Assessee Has Raised Following Grounds Of Appeal:-

…s not sustainable in the light of the decision of the Hon'ble Supreme Court as above in the case of DIT vs Morgain Stanley & Co.(supra). To the same effect is the order of the ADIT v. EFunds IT Solution Inc.[2017] 399 ITR 34(SC), Honda Motor Co. Ltd vs. ADIT (301 CTR 601)(SC) and of the Hon'ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C) 2384, 2385, 2390 of 2013] and DIT v.BBC Worldwide Ltd.[2011] 203 Taxman 554(Delhi), once a transfer pricing analysis has been undertaken in respect of the Indian AE, nothing further would be left to be attributed to it as the alleged PE of Adobe Ireland and…

Adobe Systems Software Ireland Limited, Ireland vs. ACIT Circle 1(1)(1) International Taxation, New Delhi

In the result, the appeal of the assessee is treated as allowed for statistical purposes subject to the directions contained in para 11, 18 and 19 above

ITA 913/DEL/2023[2020-21]Status: DisposedITAT Delhi12 Oct 2023AY 2020-21

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year: 2020-21

For Appellant: Shri Ravi Sharma, AdvocateFor Respondent: Shri Vizay B. Vasanta, CIT-DR
Section 143(3)Section 144C(13)

…is not sustainable in the light of the decision of Hon’ble Supreme Court as above in the case of DIT vs Morgan Stanley & Co. (supra). To the same effect is the order of the ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34(SC), Honda Motor Co. Ltd vs. ADIT (301 CTR 601)(SC) and of the Hon'ble Delhi High Court in the case of Adobe Systems Inc. v. 10 ADIT [WP(C)2384, 2385, 2390 of 2013] and DIT v. BBC Worldwide Ltd [2011] 203 Taxman 554 (Delhi), once a transfer pricing analysis has been undertaken in respect of the Indian AE, nothing further would be left to be attributed to it as the alleged PE of Adobe Ireland…

Adobe Systems Software Ireland Limited, Ireland vs. ACIT, Circle-1(1)(1) Int. Tax., Delhi

In the result, the appeal is allowed

ITA 774/DEL/2022[2017-18]Status: DisposedITAT Delhi21 Oct 2022AY 2017-18

Bench: Shri G.S. Pannu & Shri Saktijit Deyassessment Years: 2017-18

Section 143(3)Section 144C(1)Section 274

…not sustainable in the light of the decision of the Hon'ble Supreme Court as above in the case of DIT vs Morgain Stanley & Co.(supra). To the same effect is the order of the ADIT v. E- Funds IT Solution Inc.[2017] 399 ITR 34(SC), Honda Motor Co. Ltd vs. ADIT (301 CTR 601)(SC) and of the Hon'ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C)2384, 2385, 2390 of 2013] and DIT v.BBC Worldwide Ltd.[2011] 203 Taxman 554(Delhi), once a transfer pricing analysis has been undertaken in respect of the Indian AE, nothing further would be left to be attributed to it as the alleged PE of Adobe Ireland and 1…

M/S. Ariba Inc., Gurgaon vs. ADIT, New Delhi

In the result, all these appeals filed by the assessee stand partly

ITA 1470/DEL/2015[2011-12]Status: DisposedITAT Delhi17 Oct 2022AY 2011-12
For Appellant: Shri Himanshu Sinha, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 115ASection 182Section 234BSection 28Section 44DSection 9(1)

…missible on the touchstone of Hon’ble Apex Court decision pronounced in the case of DIT vs. Morgan Stanley and Co. Inc. 292 ITR 416. To the same effect is the order of the ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34(SC), Honda Motor Co. Ltd vs. ADIT (301 CTR 601)(SC) and of the Hon'ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C)2384, 2385, 2390 of 2013] and DIT v.SSC Worldwide Ltd.[2011] 203 Taxman 554(Delhi), once a transfer pricing analysis has been undertaken in respect of the Indian AE, nothing further would be left to be attributed to it as the alleged PE of the assessee and…

M/S. Ariba Inc., Gurgaon vs. ADIT, New Delhi

In the result, all these appeals filed by the assessee stand partly

ITA 1469/DEL/2015[2010-11]Status: DisposedITAT Delhi17 Oct 2022AY 2010-11
For Appellant: Shri Himanshu Sinha, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 115ASection 182Section 234BSection 28Section 44DSection 9(1)

…missible on the touchstone of Hon’ble Apex Court decision pronounced in the case of DIT vs. Morgan Stanley and Co. Inc. 292 ITR 416. To the same effect is the order of the ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34(SC), Honda Motor Co. Ltd vs. ADIT (301 CTR 601)(SC) and of the Hon'ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C)2384, 2385, 2390 of 2013] and DIT v.SSC Worldwide Ltd.[2011] 203 Taxman 554(Delhi), once a transfer pricing analysis has been undertaken in respect of the Indian AE, nothing further would be left to be attributed to it as the alleged PE of the assessee and…

Ariba Inc., New Delhi vs. ADIT, New Delhi

In the result, all these appeals filed by the assessee stand partly

ITA 1538/DEL/2013[2009-10]Status: DisposedITAT Delhi17 Oct 2022AY 2009-10
For Appellant: Shri Himanshu Sinha, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 115ASection 182Section 234BSection 28Section 44DSection 9(1)

…missible on the touchstone of Hon’ble Apex Court decision pronounced in the case of DIT vs. Morgan Stanley and Co. Inc. 292 ITR 416. To the same effect is the order of the ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34(SC), Honda Motor Co. Ltd vs. ADIT (301 CTR 601)(SC) and of the Hon'ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C)2384, 2385, 2390 of 2013] and DIT v.SSC Worldwide Ltd.[2011] 203 Taxman 554(Delhi), once a transfer pricing analysis has been undertaken in respect of the Indian AE, nothing further would be left to be attributed to it as the alleged PE of the assessee and…

Ariba Inc., New Delhi vs. ADIT, New Delhi

In the result, all these appeals filed by the assessee stand partly

ITA 3923/DEL/2012[2008-09]Status: DisposedITAT Delhi17 Oct 2022AY 2008-09
For Appellant: Shri Himanshu Sinha, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 115ASection 182Section 234BSection 28Section 44DSection 9(1)

…missible on the touchstone of Hon’ble Apex Court decision pronounced in the case of DIT vs. Morgan Stanley and Co. Inc. 292 ITR 416. To the same effect is the order of the ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34(SC), Honda Motor Co. Ltd vs. ADIT (301 CTR 601)(SC) and of the Hon'ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C)2384, 2385, 2390 of 2013] and DIT v.SSC Worldwide Ltd.[2011] 203 Taxman 554(Delhi), once a transfer pricing analysis has been undertaken in respect of the Indian AE, nothing further would be left to be attributed to it as the alleged PE of the assessee and…

Ariba Inc., New Delhi vs. ADIT, New Delhi

In the result, all these appeals filed by the assessee stand partly

ITA 6090/DEL/2010[2007-08]Status: DisposedITAT Delhi17 Oct 2022AY 2007-08
For Appellant: Shri Himanshu Sinha, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 115ASection 182Section 234BSection 28Section 44DSection 9(1)

…missible on the touchstone of Hon’ble Apex Court decision pronounced in the case of DIT vs. Morgan Stanley and Co. Inc. 292 ITR 416. To the same effect is the order of the ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34(SC), Honda Motor Co. Ltd vs. ADIT (301 CTR 601)(SC) and of the Hon'ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C)2384, 2385, 2390 of 2013] and DIT v.SSC Worldwide Ltd.[2011] 203 Taxman 554(Delhi), once a transfer pricing analysis has been undertaken in respect of the Indian AE, nothing further would be left to be attributed to it as the alleged PE of the assessee and…

Ariba Inc, New Delhi vs. ADIT (Intl Taxation), New Delhi

In the result, all these appeals filed by the assessee stand partly

ITA 4584/DEL/2010[2006-07]Status: DisposedITAT Delhi17 Oct 2022AY 2006-07
For Appellant: Shri Himanshu Sinha, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 115ASection 182Section 234BSection 28Section 44DSection 9(1)

…missible on the touchstone of Hon’ble Apex Court decision pronounced in the case of DIT vs. Morgan Stanley and Co. Inc. 292 ITR 416. To the same effect is the order of the ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34(SC), Honda Motor Co. Ltd vs. ADIT (301 CTR 601)(SC) and of the Hon'ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C)2384, 2385, 2390 of 2013] and DIT v.SSC Worldwide Ltd.[2011] 203 Taxman 554(Delhi), once a transfer pricing analysis has been undertaken in respect of the Indian AE, nothing further would be left to be attributed to it as the alleged PE of the assessee and…

Ariba Inc, New Delhi vs. ADIT (Intl Taxation), New Delhi

In the result, all these appeals filed by the assessee stand partly

ITA 4583/DEL/2010[2005-06]Status: DisposedITAT Delhi17 Oct 2022AY 2005-06
For Appellant: Shri Himanshu Sinha, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 115ASection 182Section 234BSection 28Section 44DSection 9(1)

…missible on the touchstone of Hon’ble Apex Court decision pronounced in the case of DIT vs. Morgan Stanley and Co. Inc. 292 ITR 416. To the same effect is the order of the ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34(SC), Honda Motor Co. Ltd vs. ADIT (301 CTR 601)(SC) and of the Hon'ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C)2384, 2385, 2390 of 2013] and DIT v.SSC Worldwide Ltd.[2011] 203 Taxman 554(Delhi), once a transfer pricing analysis has been undertaken in respect of the Indian AE, nothing further would be left to be attributed to it as the alleged PE of the assessee and…

Ariba Inc, New Delhi vs. ADIT (Intl Taxation), New Delhi

In the result, all these appeals filed by the assessee stand partly

ITA 4582/DEL/2010[2004-05]Status: DisposedITAT Delhi17 Oct 2022AY 2004-05
For Appellant: Shri Himanshu Sinha, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 115ASection 182Section 234BSection 28Section 44DSection 9(1)

…missible on the touchstone of Hon’ble Apex Court decision pronounced in the case of DIT vs. Morgan Stanley and Co. Inc. 292 ITR 416. To the same effect is the order of the ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34(SC), Honda Motor Co. Ltd vs. ADIT (301 CTR 601)(SC) and of the Hon'ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C)2384, 2385, 2390 of 2013] and DIT v.SSC Worldwide Ltd.[2011] 203 Taxman 554(Delhi), once a transfer pricing analysis has been undertaken in respect of the Indian AE, nothing further would be left to be attributed to it as the alleged PE of the assessee and…

DCIT, International Taxation, Circle- 1(1)(1), New Delhi vs. Adobe Systems Software Ireland Ltd., New Delhi

In the result, appeals by the assessee stand allowed in terms of the above order and the Revenue’s appeal stand dismissed as above

ITA 7922/DEL/2019[2015-16]Status: DisposedITAT Delhi27 Jul 2022AY 2015-16

Bench: Shri Shamim Yahya & Shri Chandra Mohan Garg

Section 9(1)(vi)

…the alleged PE > As per the judgements of the Hon’ble Supreme Court in the case of DIT v. Morgan Stanley Co. Inc [2007] 292 ITR416 (SC), ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34 (SC), 17 ITA No.5027/Del/2017 & Ors. Honda Motor Co. Ltd vs. ADIT (301 CTR 601) (SC) and of the Hon’ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C) 2384, 2385, 2390 of 2013] and DIT v. BBC Worldwide Ltd. [2011] 203 Taxman 554 (Delhi) (please refer to pages 273 to 402 of the case law compilation), once a transfer pricing analysis has been undertaken in respect of a instant case), nothing further would b…

Adobe Systems Software Ireland Ltd., Dublin, Ireland vs. ACIT, International Taxation, Circle- 1(1)(1), New Delhi

In the result, appeals by the assessee stand allowed in terms of the above order and the Revenue’s appeal stand dismissed as above

ITA 7460/DEL/2019[2015-16]Status: DisposedITAT Delhi27 Jul 2022AY 2015-16

Bench: Shri Shamim Yahya & Shri Chandra Mohan Garg

Section 9(1)(vi)

…the alleged PE > As per the judgements of the Hon’ble Supreme Court in the case of DIT v. Morgan Stanley Co. Inc [2007] 292 ITR416 (SC), ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34 (SC), 17 ITA No.5027/Del/2017 & Ors. Honda Motor Co. Ltd vs. ADIT (301 CTR 601) (SC) and of the Hon’ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C) 2384, 2385, 2390 of 2013] and DIT v. BBC Worldwide Ltd. [2011] 203 Taxman 554 (Delhi) (please refer to pages 273 to 402 of the case law compilation), once a transfer pricing analysis has been undertaken in respect of a instant case), nothing further would b…

Adobe Systems Software Ireland Ltd., Dublin, Ireland vs. DCIT, International Taxation, Circle- 1(1)(1), New Delhi

In the result, appeals by the assessee stand allowed in terms of the above order and the Revenue’s appeal stand dismissed as above

ITA 55/DEL/2019[2014-15]Status: DisposedITAT Delhi27 Jul 2022AY 2014-15

Bench: Shri Shamim Yahya & Shri Chandra Mohan Garg

Section 9(1)(vi)

…the alleged PE > As per the judgements of the Hon’ble Supreme Court in the case of DIT v. Morgan Stanley Co. Inc [2007] 292 ITR416 (SC), ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34 (SC), 17 ITA No.5027/Del/2017 & Ors. Honda Motor Co. Ltd vs. ADIT (301 CTR 601) (SC) and of the Hon’ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C) 2384, 2385, 2390 of 2013] and DIT v. BBC Worldwide Ltd. [2011] 203 Taxman 554 (Delhi) (please refer to pages 273 to 402 of the case law compilation), once a transfer pricing analysis has been undertaken in respect of a instant case), nothing further would b…

DCIT, International Taxation, Circle- 1(1)(1), New Delhi vs. Adobe Systems Software Ireland Ltd., Dublin, Ireland

In the result, appeals by the assessee stand allowed in terms of the above order and the Revenue’s appeal stand dismissed as above

ITA 3080/DEL/2019[2013-14]Status: DisposedITAT Delhi27 Jul 2022AY 2013-14

Bench: Shri Shamim Yahya & Shri Chandra Mohan Garg

Section 9(1)(vi)

…the alleged PE > As per the judgements of the Hon’ble Supreme Court in the case of DIT v. Morgan Stanley Co. Inc [2007] 292 ITR416 (SC), ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34 (SC), 17 ITA No.5027/Del/2017 & Ors. Honda Motor Co. Ltd vs. ADIT (301 CTR 601) (SC) and of the Hon’ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C) 2384, 2385, 2390 of 2013] and DIT v. BBC Worldwide Ltd. [2011] 203 Taxman 554 (Delhi) (please refer to pages 273 to 402 of the case law compilation), once a transfer pricing analysis has been undertaken in respect of a instant case), nothing further would b…

DCIT, International Taxation, Circle- 1(1)(1), New Delhi vs. Adobe Systems Software Ireland Ltd., Dublin, Ireland

In the result, appeals by the assessee stand allowed in terms of the above order and the Revenue’s appeal stand dismissed as above

ITA 3079/DEL/2019[2007-08]Status: DisposedITAT Delhi27 Jul 2022AY 2007-08

Bench: Shri Shamim Yahya & Shri Chandra Mohan Garg

Section 9(1)(vi)

…the alleged PE > As per the judgements of the Hon’ble Supreme Court in the case of DIT v. Morgan Stanley Co. Inc [2007] 292 ITR416 (SC), ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34 (SC), 17 ITA No.5027/Del/2017 & Ors. Honda Motor Co. Ltd vs. ADIT (301 CTR 601) (SC) and of the Hon’ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C) 2384, 2385, 2390 of 2013] and DIT v. BBC Worldwide Ltd. [2011] 203 Taxman 554 (Delhi) (please refer to pages 273 to 402 of the case law compilation), once a transfer pricing analysis has been undertaken in respect of a instant case), nothing further would b…

Adobe Systems Softwere Ireland Limited, Dublin 24, Ireland vs. DCIT Circle- 1(1)(1), International Taxation, New Delhi

In the result, appeals by the assessee stand allowed in terms of the above order and the Revenue’s appeal stand dismissed as above

ITA 1979/DEL/2019[2013-14]Status: DisposedITAT Delhi27 Jul 2022AY 2013-14

Bench: Shri Shamim Yahya & Shri Chandra Mohan Garg

Section 9(1)(vi)

…the alleged PE > As per the judgements of the Hon’ble Supreme Court in the case of DIT v. Morgan Stanley Co. Inc [2007] 292 ITR416 (SC), ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34 (SC), 17 ITA No.5027/Del/2017 & Ors. Honda Motor Co. Ltd vs. ADIT (301 CTR 601) (SC) and of the Hon’ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C) 2384, 2385, 2390 of 2013] and DIT v. BBC Worldwide Ltd. [2011] 203 Taxman 554 (Delhi) (please refer to pages 273 to 402 of the case law compilation), once a transfer pricing analysis has been undertaken in respect of a instant case), nothing further would b…

Adobe Systems Software Ireland Ltd., Dublin, Ireland vs. DCIT, International Taxation, Circle- 1(1)(1), New Delhi

In the result, appeals by the assessee stand allowed in terms of the above order and the Revenue’s appeal stand dismissed as above

ITA 1978/DEL/2019[2007-08]Status: DisposedITAT Delhi27 Jul 2022AY 2007-08

Bench: Shri Shamim Yahya & Shri Chandra Mohan Garg

Section 9(1)(vi)

…the alleged PE > As per the judgements of the Hon’ble Supreme Court in the case of DIT v. Morgan Stanley Co. Inc [2007] 292 ITR416 (SC), ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34 (SC), 17 ITA No.5027/Del/2017 & Ors. Honda Motor Co. Ltd vs. ADIT (301 CTR 601) (SC) and of the Hon’ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C) 2384, 2385, 2390 of 2013] and DIT v. BBC Worldwide Ltd. [2011] 203 Taxman 554 (Delhi) (please refer to pages 273 to 402 of the case law compilation), once a transfer pricing analysis has been undertaken in respect of a instant case), nothing further would b…

DCIT, International Taxation, Circle- 1(1)(1), New Delhi vs. Adobe Systems Software Ireland Ltd., Dublin, Ireland

In the result, appeals by the assessee stand allowed in terms of the above order and the Revenue’s appeal stand dismissed as above

ITA 5029/DEL/2017[2012-13]Status: DisposedITAT Delhi27 Jul 2022AY 2012-13

Bench: Shri Shamim Yahya & Shri Chandra Mohan Garg

Section 9(1)(vi)

…the alleged PE > As per the judgements of the Hon’ble Supreme Court in the case of DIT v. Morgan Stanley Co. Inc [2007] 292 ITR416 (SC), ADIT v. E-Funds IT Solution Inc. [2017] 399 ITR 34 (SC), 17 ITA No.5027/Del/2017 & Ors. Honda Motor Co. Ltd vs. ADIT (301 CTR 601) (SC) and of the Hon’ble Delhi High Court in the case of Adobe Systems Inc. v. ADIT [WP(C) 2384, 2385, 2390 of 2013] and DIT v. BBC Worldwide Ltd. [2011] 203 Taxman 554 (Delhi) (please refer to pages 273 to 402 of the case law compilation), once a transfer pricing analysis has been undertaken in respect of a instant case), nothing further would b…

ADIT v. E-Funds IT Solution Inc. (301 CTR 601) — Cited in 35 Judgments | BharatTax