Bangkok Glass Industry Co. Ltd. v. ACIT

34 Taxmann.com 77High Court2013#3228 most cited

What is Bangkok Glass Industry Co. Ltd. v. ACIT authority for?

Fees paid for technical services can be taxed as business income if there is no material to show that the payment is unrelated to the assessee's business.

37

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2026.

Also referred to as

Bangkok Glass Industry Co Ltd v ACIT · fees for technical services · business income · DTAA · unrelated to business

Issues it is cited on

Judgments citing Bangkok Glass Industry Co. Ltd. v. ACIT

M/S Infosys Limited, Bangalore vs. The Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

In the result, the appeal filed by the assessee stands partly allowed

ITA 718/BANG/2017[2012-13]Status: DisposedITAT Bangalore28 Nov 2022AY 2012-13

Bench: Shri Chandra Poojaria & Smt. Beena Pillaiassessment Appeal No. Appellant Respondent Year M/S. Infosys Ltd., The Assistant Electronic City, Commissioner It(Tp)A No. Hosur Road, Of Income Tax, 2012-13 718/Bang/2017 Bangalore – 560 Circle – 100. 3(1)(1), Pan: Bangalore. Aaaci4798L : Shri Padamchand Khincha, Assessee By Ca : Shri K.V. Arvind & Shri Dilip, Revenue By Standing Counsels For Dept. Date Of Hearing : 15-09-2022 Date Of Pronouncement : 28-11-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Final Assessment Order Dated 28/02/2017 Passed By The Ld.Acit, Circle – 3(1)(1), Bangalore For A.Y. 2012-13 On Following Grounds Of Appeal: General & Legal Grounds 1. The Order Passed By The Learned Assessing Officer & The Directions Of Hon’Ble Drp To The Extent Prejudicial To The Appellant Is Bad In Law & Liable To Be Quashed. Grounds On Denial Of Deduction Claimed Under Section 10Aa In Respect Of 4 Sez Units Viz., Chennai – Unit 1, Chandigarh, Mangalore - Unit 1 & Pune Unit 1 2. The Learned Assessing Officer Has Erred In Denying Deduction Claimed Under Section 10Aa In The Return Of Income Totally Amounting To Rs. 2227,82,65,630 In Respect

Section 10ASection 14ASection 2Section 2(24)Section 40

…did not have a permanent establishment in India is an admitted fact and therefore, the same is not taxable in India. He relied on following decisions in support: decision of Hon’ble Madras High Court in Bangkok Glass Industry Co Ltd v ACIT reported in (2013) 257 CTR 326; Decision of Hon’ble Mumbai Tribunal in Channel Guide India Ltd v ACIT reported in (2012) TaxCorp (INTL) 50, Decision of coordinate bench of this Tribunal in case of JCIT v WiFi Networks P Ltd ITA Nos. 189 & 190/Bang/2012 and CO Nos. 60 & 61/Bang/2012 decision dated 8.3.2013, Decision of coordinate bench of this Tribunal in case of Exotic Fruits…

Abb Industries Fze, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 2101/BANG/2016[2013-14]Status: DisposedITAT Bangalore28 Feb 2019AY 2013-14

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadaleit(It)A No.2101/Bang/2016 (Assessment Year: 2013-14) M/S. Abb Industries Fze, C/O Abb India Ltd., 21St Floor, World Trade Centre, Dr. Rajkumar Road, Malleswaram(West), Bengaluru-560 055. … Appellant Pan:Aajca 9766 H Vs. Deputy Commissioner Of Income-Tax (International Taxation), Circle 1(1), Bengaluru. … Respondent Appellant By : Shri Sampath Raghunathan, Advocate. Respondent By : Shri Pradeep Kumar, Cit(Dr) Date Of Hearing : 20/02/2019 Date Of Pronouncement : 28/02/2019 O R D E R Per Pavan Kumar Gadale, Jm : The Assessee Has Filed The Appeal Against The Order Of The Deputy Commissioner Of Income-Tax (International Taxation), Circle 1(1), Bengaluru, Passed U/S 143(3) R.W.S. 144C(5) Of The Income-Tax Act,1961 ['The Act' For Short] In Pursuance Of The Directions Of The Dispute Resolution Panel (Drp) Dated 28/09/2016. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Sampath Raghunathan, AdvocateFor Respondent: Shri Pradeep Kumar, CIT(DR)
Section 143(2)Section 143(3)Section 271Section 271(1)(c)Section 9(1)(vii)Section 90

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, BENGALURU BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER and SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER IT(IT)A No.2101/Bang/2016 (Assessment year: 2013-14) M/s. ABB Industries FZE, C/o ABB India Ltd., 21st floor, World Trade Centre, Dr. Rajkumar Road, Malleswaram(West), Bengaluru-560 055. … Appellant PAN:AAJCA 9766 H Vs. Deputy Commissioner of Income-tax (International Taxation), Circle 1(1), Bengaluru. … Respondent Appellant by : Shri Sampath Raghunathan, Advocate. Respondent by : Shri Pradeep Kumar, CIT(DR) Date of hearing : 20/02/2019 Date of pronouncement : 28/02/…