Bangkok Glass Industries Pvt Ltd. v. ACIT

Dae Won Kang Up Co Ltd, Tiruvallur vs. DCIT International Taxation - 1(1), Chennai

The appeal stands partly allowed in terms of our above order

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.1446/Chny/2024 (िनधा9रणवष9 / Assessment Year: 2016-17) Dae Won Kang Up Co Limited Dcit C/O. Daewon India Autoparts Private Ltd. International Taxation-1(1) बनाम/ Survey No.477 & 489, No.99, Chennai. Vs. Papparambakkam Village, Tiruvalluvar Tk.- 602 025. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcd-7280-P (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Dr. M.S. Vasan (Advocate) & Dr. Divya Abhishek (Ca) - Ld. Ars " थ"कीओरसे/Respondent By : Shri Ashwin D Gowda (Addl. Cit) - Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 22-10-2024 घोषणा की तारीख /Date Of Pronouncement : 19-11-2024

…of DTAA, this particular income does not fall under miscellaneous income at all and cannot be brought under Article 22 under "Other Income", the said principle is clearly laid in jurisdictional high court decision in Bangkok Glass Industries Pvt Ltd Vs ACIT (257 CTR 356), 7.1. Article 22 -Other Income of the Indo-South Korea treaty, clearly specify, "l. items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Agreement shall be taxable only in that state. 8. Consequential relief of interest impact under 234B to be given. As is evident, the sole iss…

DCIT, Chennai vs. Ford India Pvt. Ltd., Kancheepuram

In the result, the appeal of the assessee for the assessment year 2012-13 is thus allowed

…an aspect, the provisions of the Act has to be considered and applied.” However, nothing turns on this decision as the principle laid down therein find favour with the jurisdictional High Court. In the case of Bangkok Glass Industries Pvt Ltd Vs ACIT [(2013) 257 CTR 356 (Mad)], Hon’ble Madras High Court rejected this school of thought and dealing with India Thailand tax treaty, which does not have FTS clause, rejected the claim of the revenue that even though the Thai entity did not have any PE in India and, for that reason this amount could not have taxed in India under article 7, FTS could be taxed as ‘other i…

Ford India Private Limited, Kancheepuram vs. ITO, Chennai

In the result, the appeal of the assessee for the assessment year 2012-13 is thus allowed

…an aspect, the provisions of the Act has to be considered and applied.” However, nothing turns on this decision as the principle laid down therein find favour with the jurisdictional High Court. In the case of Bangkok Glass Industries Pvt Ltd Vs ACIT [(2013) 257 CTR 356 (Mad)], Hon’ble Madras High Court rejected this school of thought and dealing with India Thailand tax treaty, which does not have FTS clause, rejected the claim of the revenue that even though the Thai entity did not have any PE in India and, for that reason this amount could not have taxed in India under article 7, FTS could be taxed as ‘other i…

Ford India Private Limited, Kancheepuram vs. ITO, Chennai

In the result, the appeal of the assessee for the assessment year 2012-13 is thus allowed

…an aspect, the provisions of the Act has to be considered and applied.” However, nothing turns on this decision as the principle laid down therein find favour with the jurisdictional High Court. In the case of Bangkok Glass Industries Pvt Ltd Vs ACIT [(2013) 257 CTR 356 (Mad)], Hon’ble Madras High Court rejected this school of thought and dealing with India Thailand tax treaty, which does not have FTS clause, rejected the claim of the revenue that even though the Thai entity did not have any PE in India and, for that reason this amount could not have taxed in India under article 7, FTS could be taxed as ‘other i…

DCIT, Chennai vs. Ford India Pvt. Ltd., Kancheepuram

In the result, the appeal of the assessee for the assessment year 2012-13 is thus allowed

…an aspect, the provisions of the Act has to be considered and applied.” However, nothing turns on this decision as the principle laid down therein find favour with the jurisdictional High Court. In the case of Bangkok Glass Industries Pvt Ltd Vs ACIT [(2013) 257 CTR 356 (Mad)], Hon’ble Madras High Court rejected this school of thought and dealing with India Thailand tax treaty, which does not have FTS clause, rejected the claim of the revenue that even though the Thai entity did not have any PE in India and, for that reason this amount could not have taxed in India under article 7, FTS could be taxed as ‘other i…