DIT (International Taxation) v. Morgan Stanley and Co Inc (

236 ITR 113Supreme Court of India2010#6920 most cited

What is DIT (International Taxation) v. Morgan Stanley and Co Inc ( authority for?

The concept of revenue neutrality cannot be applied if related entities conduct their businesses independently and have no access to each other.

16

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2020 to 2023.

Also referred to as

CIT Vs Glaxo Smithkline Asis (P) Limited · 236 ITR 113 · SC · revenue neutral · independent business · no access

Issues it is cited on

trcinfrastructure facilitymaximum marginal ratesection 254(1)mercantile system of accountingsection 254escapement of incomeincome-tax officerunexplained investmentsection 263section 26scrutiny assessment

Judgments citing DIT (International Taxation) v. Morgan Stanley and Co Inc (

Aaradhna Develpoers Pvt. Ltd., Surat vs. Income Tax Officer, Ward 1(1)(1), Surat

ITA 179/SRT/2023[2010-11]Status: DisposedITAT Surat30 Oct 2023AY 2010-11

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 254(1)

…the income has already been offered and accepted in the hand of Global Enterprises, which is related party. To support his submissions, the ld AR for the assessee relied on the decision of Hon’ble Apex Court in CIT Vs Glaxo Smithkline Asis (P) Limited (2010) 236 ITR 113(SC)/ 195 Taxman 35 SC and in Ashish Plastic Industries Vs ACIT in Civil Appeal No. 1509 of 2004. The ld AR for the assessee submits that even on merit of the addition the assessee has good case as neither the income is escaped nor the assessee concealed any income, entire income has been offered Aaradhana Developers P Ltd. Vs ITO in the hand of G…

Aaradhna Develpoers Pvt. Ltd., Surat vs. Income Tax Officer, Ward 1(1)(1), Surat

ITA 178/SRT/2023[2009-10]Status: DisposedITAT Surat30 Oct 2023AY 2009-10

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 254(1)

…the income has already been offered and accepted in the hand of Global Enterprises, which is related party. To support his submissions, the ld AR for the assessee relied on the decision of Hon’ble Apex Court in CIT Vs Glaxo Smithkline Asis (P) Limited (2010) 236 ITR 113(SC)/ 195 Taxman 35 SC and in Ashish Plastic Industries Vs ACIT in Civil Appeal No. 1509 of 2004. The ld AR for the assessee submits that even on merit of the addition the assessee has good case as neither the income is escaped nor the assessee concealed any income, entire income has been offered Aaradhana Developers P Ltd. Vs ITO in the hand of G…

Aaradhna Develpoers Pvt. Ltd., Surat vs. Income Tax Officer, Ward 1(1)(1), Surat

ITA 177/SRT/2023[2008-09]Status: DisposedITAT Surat30 Oct 2023AY 2008-09

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 254(1)

…the income has already been offered and accepted in the hand of Global Enterprises, which is related party. To support his submissions, the ld AR for the assessee relied on the decision of Hon’ble Apex Court in CIT Vs Glaxo Smithkline Asis (P) Limited (2010) 236 ITR 113(SC)/ 195 Taxman 35 SC and in Ashish Plastic Industries Vs ACIT in Civil Appeal No. 1509 of 2004. The ld AR for the assessee submits that even on merit of the addition the assessee has good case as neither the income is escaped nor the assessee concealed any income, entire income has been offered Aaradhana Developers P Ltd. Vs ITO in the hand of G…

M/S. Vijayalaxmicashew Co., Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 49/COCH/2016[2011-12]Status: DisposedITAT Cochin03 Feb 2020AY 2011-12

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

M/S. Vijayalaxmicashew Co., Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 48/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

M/S. Vijayalaxmicashew Co., Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 47/COCH/2016[2008-09]Status: DisposedITAT Cochin03 Feb 2020AY 2008-09

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

Sri.K.Ravindranathan Nair, Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 46/COCH/2016[2008-09]Status: DisposedITAT Cochin03 Feb 2020AY 2008-09

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

Smt. T.C. Usha, Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 45/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

Smt. T.C. Usha, Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 44/COCH/2016[2009-10]Status: DisposedITAT Cochin03 Feb 2020AY 2009-10

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

Sri.R.Prakash, Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 43/COCH/2016[2011-12]Status: DisposedITAT Cochin03 Feb 2020AY 2011-12

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

Sri.R.Prakash, Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 42/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

Sri.R.Prakash, Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 41/COCH/2016[2009-10]Status: DisposedITAT Cochin03 Feb 2020AY 2009-10

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

Sri.R.Prakash, Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 40/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

Sri.R. Pratap, Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 39/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

Sri.R. Pratap, Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 38/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

Sri.R. Pratap, Kollam vs. The ACIT, Kollam

In the result, the appeals of the assessees in ITA Nos

ITA 37/COCH/2016[2009-10]Status: DisposedITAT Cochin03 Feb 2020AY 2009-10

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…gth price, then addition is to be made on the basis of arms length price. The CIT(A) opined that the judgments of the Supreme Court in the case of DIT (International Taxation) vs. Morgan Stanley and Co Inc (292 ITR 416), CIT vs Glaxosmithkline Asia (P) Ltd. (236 ITR 113) and CIT vs. Calcutta Discount Company Ltd (91 ITR 8)relied on by the assessee cannot be applied to him since the first decision is on the taxability of the permanent establishment under the double taxation avoidance agreement and as ruled in the second decision, the 15 I.T.A. Nos.37 to 49/Coch/2016 concept of revenue neutral cannot be applie…

DIT (International Taxation) v. Morgan Stanley and Co Inc ( (236 ITR 113) — Cited in 16 Judgments | BharatTax