DIT v. Morgan Stanley Co. Inc.

399 ITR 34Supreme Court of India2017#610 most cited

What is DIT v. Morgan Stanley Co. Inc. authority for?

Once a transfer pricing analysis has been undertaken for an Indian associated enterprise, no further profits are attributable to it as a Permanent Establishment, thereby extinguishing the need for additional profit attribution.

162

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2018 to 2026.

Also referred to as

DIT v. Morgan Stanley · transfer pricing analysis · permanent establishment · profit attribution · associated enterprise · Section 143(3) · Section 144C · profit split method

Sections most often in play

Section 1961Section 143(3)Section 234BSection 234ASection 144C(13)Section 270ASection 9(1)(vi)Section 144C

Issues it is cited on

dependent agent pefixed place peagency peprofit split methodsection 44bbbsection 209(1)service pemake available clausesection 44bbpermanent establishmentconstruction pesection 44b

Judgments citing DIT v. Morgan Stanley Co. Inc.

Ab Sciex Pte Ltd, Singapore vs. ACIT, Circle Int Taxation 1(1)(1), Delhi

In the result, the second issue which was remanded by the

ITA 1968/DEL/2022[2018-19]Status: DisposedITAT Delhi21 Mar 2024AY 2018-19

Bench: Sh. Shamim Yahya & Sh. Yogesh Kumar U.S.Ita No. 514/Del/2021, (A.Y. 2017-18) Ab Sciex Pte Ltd. Vs. Acit Block 33, 46 Marsiling Circle International Taxation Industrial Estate, 1(1)(1) Singapore. 739256 New Delhi Pan: Aanca1192P Appellant Respondent

…respect to the international transaction of inter alia sale of goods, business support services and distribution and marketing service. The Ld. Counsel has also relied on Judgment of Hon'ble Supreme Court in the case of ACIT Vs. eFunds IT Solution and ors: 399 ITR 34 and also the Judgment of Jurisdictional High Court in the case of Adobe Systems Incorporated Vs. ADIT 292 CTR 407 (Del). The Ld. Counsel has also submitted that for the Assessment Year 2015-16 and 2018-19, the Revenue has accepted the Arm’s Length nature of the functions of non-resident assessee and has not attributed any income to the alleged…

Ab Sciex Pte Ltd., Singapore vs. ACIT, Circle Int. Tax. 1(1)(1), New Delhi

In the result, the second issue which was remanded by the

ITA 514/DEL/2021[2017-18]Status: DisposedITAT Delhi21 Mar 2024AY 2017-18

Bench: Sh. Shamim Yahya & Sh. Yogesh Kumar U.S.Ita No. 514/Del/2021, (A.Y. 2017-18) Ab Sciex Pte Ltd. Vs. Acit Block 33, 46 Marsiling Circle International Taxation Industrial Estate, 1(1)(1) Singapore. 739256 New Delhi Pan: Aanca1192P Appellant Respondent

…respect to the international transaction of inter alia sale of goods, business support services and distribution and marketing service. The Ld. Counsel has also relied on Judgment of Hon'ble Supreme Court in the case of ACIT Vs. eFunds IT Solution and ors: 399 ITR 34 and also the Judgment of Jurisdictional High Court in the case of Adobe Systems Incorporated Vs. ADIT 292 CTR 407 (Del). The Ld. Counsel has also submitted that for the Assessment Year 2015-16 and 2018-19, the Revenue has accepted the Arm’s Length nature of the functions of non-resident assessee and has not attributed any income to the alleged…

Uk Grid Solutions Limited, United Kingdom vs. DCIT Circle International Tax 3(1)(1), New Delhi

In the result, the appeal of the assessee in ITA No

ITA 885/DEL/2023[2017-18]Status: DisposedITAT Delhi13 Mar 2024AY 2017-18

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vizay B. Vasanta, CIT DR
Section 143(3)Section 144C(13)

…TVM Ltd vs CIT: 237 ITR 230 (AAR) and KronesAktiengesellschaftvs CIT: ITA No.907/Del/2017 dated 30.12.2022 (Del Trib.) 9.8.5 The Ld. Sr. Counsel stressed that the onus is on Department to prove existence of PE and for that he relied CIT vs eFunds IT Solution: 399 ITR 34 (SC), DIT vs Samsung Heavy Industries Co Ltd: 426 ITR 1 (SC), DIT vs Mitsui & Co Ltd: 399 ITR 505 (Del) and AB SciexPte Ltd vs ACIT: 195 ITD 384 (Del Trib.) 9.8.6 As with regard to principles of attribution to business connection/ PE he relied DIT vs Morgan Stanley & Co Inc: 292 ITR 416 (SC), DIT vs Morgan Stanley & Co Inc: 292 ITR 416 (SC), The A…

Uk Grid Solutions Limited, United Kingdom vs. DCIT Circle International Tax 3(1)(1), New Delhi

In the result, the appeal of the assessee in ITA No

ITA 884/DEL/2023[2016-17]Status: DisposedITAT Delhi13 Mar 2024AY 2016-17

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vizay B. Vasanta, CIT DR
Section 143(3)Section 144C(13)

…TVM Ltd vs CIT: 237 ITR 230 (AAR) and KronesAktiengesellschaftvs CIT: ITA No.907/Del/2017 dated 30.12.2022 (Del Trib.) 9.8.5 The Ld. Sr. Counsel stressed that the onus is on Department to prove existence of PE and for that he relied CIT vs eFunds IT Solution: 399 ITR 34 (SC), DIT vs Samsung Heavy Industries Co Ltd: 426 ITR 1 (SC), DIT vs Mitsui & Co Ltd: 399 ITR 505 (Del) and AB SciexPte Ltd vs ACIT: 195 ITD 384 (Del Trib.) 9.8.6 As with regard to principles of attribution to business connection/ PE he relied DIT vs Morgan Stanley & Co Inc: 292 ITR 416 (SC), DIT vs Morgan Stanley & Co Inc: 292 ITR 416 (SC), The A…

Uk Grid Solutions Limited, United Kingdom vs. DCIT Circle Intl. Taxation 3(1)(1), New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2240/DEL/2023[2020-21]Status: DisposedITAT Delhi13 Mar 2024AY 2020-21

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vizay B. Vasanta, CIT DR
Section 143(3)Section 144C(13)

…TVM Ltd vs CIT: 237 ITR 230 (AAR) and KronesAktiengesellschaftvs CIT: ITA No.907/Del/2017 dated 30.12.2022 (Del Trib.) 9.8.5 The Ld. Sr. Counsel stressed that the onus is on Department to prove existence of PE and for that he relied CIT vs eFunds IT Solution: 399 ITR 34 (SC), DIT vs Samsung Heavy Industries Co Ltd: 426 ITR 1 (SC), DIT vs Mitsui & Co Ltd: 399 ITR 505 (Del) and AB SciexPte Ltd vs ACIT: 195 ITD 384 (Del Trib.) 9.8.6 As with regard to principles of attribution to business connection/ PE he relied DIT vs Morgan Stanley & Co Inc: 292 ITR 416 (SC), DIT vs Morgan Stanley & Co Inc: 292 ITR 416 (SC), The A…

Uk Grid Solutions Limited, United Kingdom vs. DCIT Circle Intl. Taxation 3(1)(1), New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2239/DEL/2023[2015-16]Status: DisposedITAT Delhi13 Mar 2024AY 2015-16

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vizay B. Vasanta, CIT DR
Section 143(3)Section 144C(13)

…TVM Ltd vs CIT: 237 ITR 230 (AAR) and KronesAktiengesellschaftvs CIT: ITA No.907/Del/2017 dated 30.12.2022 (Del Trib.) 9.8.5 The Ld. Sr. Counsel stressed that the onus is on Department to prove existence of PE and for that he relied CIT vs eFunds IT Solution: 399 ITR 34 (SC), DIT vs Samsung Heavy Industries Co Ltd: 426 ITR 1 (SC), DIT vs Mitsui & Co Ltd: 399 ITR 505 (Del) and AB SciexPte Ltd vs ACIT: 195 ITD 384 (Del Trib.) 9.8.6 As with regard to principles of attribution to business connection/ PE he relied DIT vs Morgan Stanley & Co Inc: 292 ITR 416 (SC), DIT vs Morgan Stanley & Co Inc: 292 ITR 416 (SC), The A…

Ge Hydro France, New Delhi vs. DCIT, Circle-1(3)(1), International Taxation, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2086/DEL/2022[2019-20]Status: DisposedITAT Delhi13 Mar 2024AY 2019-20

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Aditya Vohra, Adv
Section 143(3)Section 144C(13)Section 40Section 44B

…establish that there exists a PE of the foreign entity in India, which has not been discharged by the revenue in the instant case. Reliance in this regard is placed on the decision of Hon‟ble Supreme Court in the case of CIT vs eFunds IT Solution reported in 399 ITR 34 (SC) ; DIT vs Samsung Heavy Industries Co Ltd reported in 117 taxmann.com 870 (SC) ; decision of Hon‟ble Jurisdictional High Court in the case of DIT vs Mitsui & Co. Ltd reported in 399 ITR 505 (Del); ITA No.2085 & 2086/Del/2022 GE Hydro France decision of Hon‟ble Jurisdictional High Court in the case of National Petroleum Construction Co vs DCIT…

Ge Hydro France, New Delhi vs. DCIT, Circle-1(3)(1), International Taxation, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2085/DEL/2022[2018-19]Status: DisposedITAT Delhi13 Mar 2024AY 2018-19

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Aditya Vohra, Adv
Section 143(3)Section 144C(13)Section 40Section 44B

…establish that there exists a PE of the foreign entity in India, which has not been discharged by the revenue in the instant case. Reliance in this regard is placed on the decision of Hon‟ble Supreme Court in the case of CIT vs eFunds IT Solution reported in 399 ITR 34 (SC) ; DIT vs Samsung Heavy Industries Co Ltd reported in 117 taxmann.com 870 (SC) ; decision of Hon‟ble Jurisdictional High Court in the case of DIT vs Mitsui & Co. Ltd reported in 399 ITR 505 (Del); ITA No.2085 & 2086/Del/2022 GE Hydro France decision of Hon‟ble Jurisdictional High Court in the case of National Petroleum Construction Co vs DCIT…

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)

…12. We find the above view of the Ld. CIT(A) is 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…

Sabre Glbl Inc., New Delhi vs. ACIT (International Taxation), Circle- 3(1)(2), New Delhi

In the result, all the appeals of the assessee are allowed and that of the Revenue stands dismissed

ITA 6040/DEL/2019[2016-17]Status: HeardITAT Delhi09 Feb 2024AY 2016-17

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No. 216/Del/2016, A.Y. 2012-13 Ita No. 559/Del/2017, A.Y. 2013-14 Ita No. 4838/Del/2017, A.Y. 2014-15 Ita No. 7724/Del/2018, A.Y. 2015-16 Ita No. 6040/Del/2019, A.Y. 2016-17 Sabre Glbl Inc. Vs. Asstt. Commissioner Of Income Mr. Tarandeep Singh, Tax, Adv. Circle-3(1)(2), C/O. Ms Associates, International Tax F-99, Lajpat Nagar-Ii, New Delhi New Delhi Pan : Aaact7216Q (Appellant) (Respondent) Deputy Commissioner Of Vs. Sabre Glbl Inc. Income Tax, Mr. Tarandeep Singh, Adv. International Taxation, C/O. Ms Associates, New Delhi F-99, Lajpat Nagar-Ii, New Delhi-110024 Pan : Aaact7216Q (Appellant) (Respondent) Assessee By Sh. Tarandeep Singh, Adv. Revenue By Sh. Vizay B. Vasanta, Cit-Dr

Section 143(2)Section 143(3)Section 144C(1)

…ences to follow from this year. 21. Further, it was submitted that it is also well settled that burden is on revenue to demonstrate existence of PE for which reliance was placed on E- ITA No. 216 & Ors. Sabre GLBL Inc. 16 funds It Solutions Inc reported in 399 ITR 34(SC). Further it was submitted that it is now well established that merely because PE has been upheld in one year based on set of facts for that year, it will not ipso facto give power to AO to hold PE in subsequent year when facts are different. Reliance was placed on Delhi bench order in Nova Pignone International ITA 999/Del/2022 order dated 13-…

Sabre Glbl Inc., New Delhi vs. ACIT (International Taxation), Circle- 3(1)(2), New Delhi

In the result, all the appeals of the assessee are allowed and that of the Revenue stands dismissed

ITA 7724/DEL/2018[2015-16]Status: HeardITAT Delhi09 Feb 2024AY 2015-16

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No. 216/Del/2016, A.Y. 2012-13 Ita No. 559/Del/2017, A.Y. 2013-14 Ita No. 4838/Del/2017, A.Y. 2014-15 Ita No. 7724/Del/2018, A.Y. 2015-16 Ita No. 6040/Del/2019, A.Y. 2016-17 Sabre Glbl Inc. Vs. Asstt. Commissioner Of Income Mr. Tarandeep Singh, Tax, Adv. Circle-3(1)(2), C/O. Ms Associates, International Tax F-99, Lajpat Nagar-Ii, New Delhi New Delhi Pan : Aaact7216Q (Appellant) (Respondent) Deputy Commissioner Of Vs. Sabre Glbl Inc. Income Tax, Mr. Tarandeep Singh, Adv. International Taxation, C/O. Ms Associates, New Delhi F-99, Lajpat Nagar-Ii, New Delhi-110024 Pan : Aaact7216Q (Appellant) (Respondent) Assessee By Sh. Tarandeep Singh, Adv. Revenue By Sh. Vizay B. Vasanta, Cit-Dr

Section 143(2)Section 143(3)Section 144C(1)

…ences to follow from this year. 21. Further, it was submitted that it is also well settled that burden is on revenue to demonstrate existence of PE for which reliance was placed on E- ITA No. 216 & Ors. Sabre GLBL Inc. 16 funds It Solutions Inc reported in 399 ITR 34(SC). Further it was submitted that it is now well established that merely because PE has been upheld in one year based on set of facts for that year, it will not ipso facto give power to AO to hold PE in subsequent year when facts are different. Reliance was placed on Delhi bench order in Nova Pignone International ITA 999/Del/2022 order dated 13-…

Sabre Glbl Inc., New Delhi vs. DCIT (International Taxation), New Delhi

In the result, all the appeals of the assessee are allowed and that of the Revenue stands dismissed

ITA 559/DEL/2017[2013-14]Status: HeardITAT Delhi09 Feb 2024AY 2013-14

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No. 216/Del/2016, A.Y. 2012-13 Ita No. 559/Del/2017, A.Y. 2013-14 Ita No. 4838/Del/2017, A.Y. 2014-15 Ita No. 7724/Del/2018, A.Y. 2015-16 Ita No. 6040/Del/2019, A.Y. 2016-17 Sabre Glbl Inc. Vs. Asstt. Commissioner Of Income Mr. Tarandeep Singh, Tax, Adv. Circle-3(1)(2), C/O. Ms Associates, International Tax F-99, Lajpat Nagar-Ii, New Delhi New Delhi Pan : Aaact7216Q (Appellant) (Respondent) Deputy Commissioner Of Vs. Sabre Glbl Inc. Income Tax, Mr. Tarandeep Singh, Adv. International Taxation, C/O. Ms Associates, New Delhi F-99, Lajpat Nagar-Ii, New Delhi-110024 Pan : Aaact7216Q (Appellant) (Respondent) Assessee By Sh. Tarandeep Singh, Adv. Revenue By Sh. Vizay B. Vasanta, Cit-Dr

Section 143(2)Section 143(3)Section 144C(1)

…ences to follow from this year. 21. Further, it was submitted that it is also well settled that burden is on revenue to demonstrate existence of PE for which reliance was placed on E- ITA No. 216 & Ors. Sabre GLBL Inc. 16 funds It Solutions Inc reported in 399 ITR 34(SC). Further it was submitted that it is now well established that merely because PE has been upheld in one year based on set of facts for that year, it will not ipso facto give power to AO to hold PE in subsequent year when facts are different. Reliance was placed on Delhi bench order in Nova Pignone International ITA 999/Del/2022 order dated 13-…

Sabre Glbl Inc., New Delhi vs. DCIT (International Taxation), Circle- 3(1)(2), New Delhi

In the result, all the appeals of the assessee are allowed and that of the Revenue stands dismissed

ITA 4838/DEL/2017[2014-15]Status: HeardITAT Delhi09 Feb 2024AY 2014-15

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No. 216/Del/2016, A.Y. 2012-13 Ita No. 559/Del/2017, A.Y. 2013-14 Ita No. 4838/Del/2017, A.Y. 2014-15 Ita No. 7724/Del/2018, A.Y. 2015-16 Ita No. 6040/Del/2019, A.Y. 2016-17 Sabre Glbl Inc. Vs. Asstt. Commissioner Of Income Mr. Tarandeep Singh, Tax, Adv. Circle-3(1)(2), C/O. Ms Associates, International Tax F-99, Lajpat Nagar-Ii, New Delhi New Delhi Pan : Aaact7216Q (Appellant) (Respondent) Deputy Commissioner Of Vs. Sabre Glbl Inc. Income Tax, Mr. Tarandeep Singh, Adv. International Taxation, C/O. Ms Associates, New Delhi F-99, Lajpat Nagar-Ii, New Delhi-110024 Pan : Aaact7216Q (Appellant) (Respondent) Assessee By Sh. Tarandeep Singh, Adv. Revenue By Sh. Vizay B. Vasanta, Cit-Dr

Section 143(2)Section 143(3)Section 144C(1)

…ences to follow from this year. 21. Further, it was submitted that it is also well settled that burden is on revenue to demonstrate existence of PE for which reliance was placed on E- ITA No. 216 & Ors. Sabre GLBL Inc. 16 funds It Solutions Inc reported in 399 ITR 34(SC). Further it was submitted that it is now well established that merely because PE has been upheld in one year based on set of facts for that year, it will not ipso facto give power to AO to hold PE in subsequent year when facts are different. Reliance was placed on Delhi bench order in Nova Pignone International ITA 999/Del/2022 order dated 13-…

Sabre Inc, New Delhi vs. DCIT (International Taxation), New Delhi

In the result, all the appeals of the assessee are allowed and that of the Revenue stands dismissed

ITA 216/DEL/2016[2012-13]Status: HeardITAT Delhi09 Feb 2024AY 2012-13

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No. 216/Del/2016, A.Y. 2012-13 Ita No. 559/Del/2017, A.Y. 2013-14 Ita No. 4838/Del/2017, A.Y. 2014-15 Ita No. 7724/Del/2018, A.Y. 2015-16 Ita No. 6040/Del/2019, A.Y. 2016-17 Sabre Glbl Inc. Vs. Asstt. Commissioner Of Income Mr. Tarandeep Singh, Tax, Adv. Circle-3(1)(2), C/O. Ms Associates, International Tax F-99, Lajpat Nagar-Ii, New Delhi New Delhi Pan : Aaact7216Q (Appellant) (Respondent) Deputy Commissioner Of Vs. Sabre Glbl Inc. Income Tax, Mr. Tarandeep Singh, Adv. International Taxation, C/O. Ms Associates, New Delhi F-99, Lajpat Nagar-Ii, New Delhi-110024 Pan : Aaact7216Q (Appellant) (Respondent) Assessee By Sh. Tarandeep Singh, Adv. Revenue By Sh. Vizay B. Vasanta, Cit-Dr

Section 143(2)Section 143(3)Section 144C(1)

…ences to follow from this year. 21. Further, it was submitted that it is also well settled that burden is on revenue to demonstrate existence of PE for which reliance was placed on E- ITA No. 216 & Ors. Sabre GLBL Inc. 16 funds It Solutions Inc reported in 399 ITR 34(SC). Further it was submitted that it is now well established that merely because PE has been upheld in one year based on set of facts for that year, it will not ipso facto give power to AO to hold PE in subsequent year when facts are different. Reliance was placed on Delhi bench order in Nova Pignone International ITA 999/Del/2022 order dated 13-…

DCIT (International Taxation), New Delhi vs. M/S. Sabre Glbl Inc., Gurgaon

In the result, all the appeals of the assessee are allowed and that of the Revenue stands dismissed

ITA 6731/DEL/2015[2012-13]Status: HeardITAT Delhi09 Feb 2024AY 2012-13

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No. 216/Del/2016, A.Y. 2012-13 Ita No. 559/Del/2017, A.Y. 2013-14 Ita No. 4838/Del/2017, A.Y. 2014-15 Ita No. 7724/Del/2018, A.Y. 2015-16 Ita No. 6040/Del/2019, A.Y. 2016-17 Sabre Glbl Inc. Vs. Asstt. Commissioner Of Income Mr. Tarandeep Singh, Tax, Adv. Circle-3(1)(2), C/O. Ms Associates, International Tax F-99, Lajpat Nagar-Ii, New Delhi New Delhi Pan : Aaact7216Q (Appellant) (Respondent) Deputy Commissioner Of Vs. Sabre Glbl Inc. Income Tax, Mr. Tarandeep Singh, Adv. International Taxation, C/O. Ms Associates, New Delhi F-99, Lajpat Nagar-Ii, New Delhi-110024 Pan : Aaact7216Q (Appellant) (Respondent) Assessee By Sh. Tarandeep Singh, Adv. Revenue By Sh. Vizay B. Vasanta, Cit-Dr

Section 143(2)Section 143(3)Section 144C(1)

…ences to follow from this year. 21. Further, it was submitted that it is also well settled that burden is on revenue to demonstrate existence of PE for which reliance was placed on E- ITA No. 216 & Ors. Sabre GLBL Inc. 16 funds It Solutions Inc reported in 399 ITR 34(SC). Further it was submitted that it is now well established that merely because PE has been upheld in one year based on set of facts for that year, it will not ipso facto give power to AO to hold PE in subsequent year when facts are different. Reliance was placed on Delhi bench order in Nova Pignone International ITA 999/Del/2022 order dated 13-…

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:-

…12. We find the above view of the Ld. CIT(A) is 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…

M/S. Exl Service.Com Llc, Mumbai vs. ADIT, New Delhi

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

ITA 5628/DEL/2014[2005-06]Status: DisposedITAT Delhi20 Dec 2023AY 2005-06

Bench: Shri N.K. Billaiya & Ms Astha Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vizay B. Vasanta, CIT-DR
Section 143(3)

…rise in India; (ii) through which the business of the foreign enterprise is wholly or partly carried on. 18. On the issue of “fixed place of business”, we find that the facts considered by the Hon'ble Supreme Court in the case of eFunds IT Solution and Ors 399 ITR 34 are pari materia same as that of the assessee. Therefore, it would be pertinent to refer to the decision of the Hon'ble Supreme Court {supra]. The relevant findings read as under: “19. Before the Supreme Court it was argued by the Revenue that a PE of the US entities is constituted in India due to the following reasons: • Almost 40% of the empl…

M/S. Exl Service.Com Llc, Mumbai vs. ADIT, New Delhi

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

ITA 5627/DEL/2014[2004-05]Status: DisposedITAT Delhi20 Dec 2023AY 2004-05

Bench: Shri N.K. Billaiya & Ms Astha Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vizay B. Vasanta, CIT-DR
Section 143(3)

…rise in India; (ii) through which the business of the foreign enterprise is wholly or partly carried on. 18. On the issue of “fixed place of business”, we find that the facts considered by the Hon'ble Supreme Court in the case of eFunds IT Solution and Ors 399 ITR 34 are pari materia same as that of the assessee. Therefore, it would be pertinent to refer to the decision of the Hon'ble Supreme Court {supra]. The relevant findings read as under: “19. Before the Supreme Court it was argued by the Revenue that a PE of the US entities is constituted in India due to the following reasons: • Almost 40% of the empl…

ADIT, New Delhi vs. M/S. Exl Service.Com Inc, Usa

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

ITA 4989/DEL/2014[2005-06]Status: DisposedITAT Delhi20 Dec 2023AY 2005-06

Bench: Shri N.K. Billaiya & Ms Astha Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vizay B. Vasanta, CIT-DR
Section 143(3)

…rise in India; (ii) through which the business of the foreign enterprise is wholly or partly carried on. 18. On the issue of “fixed place of business”, we find that the facts considered by the Hon'ble Supreme Court in the case of eFunds IT Solution and Ors 399 ITR 34 are pari materia same as that of the assessee. Therefore, it would be pertinent to refer to the decision of the Hon'ble Supreme Court {supra]. The relevant findings read as under: “19. Before the Supreme Court it was argued by the Revenue that a PE of the US entities is constituted in India due to the following reasons: • Almost 40% of the empl…

M/S. Exl Service.Com Llc, Mumbai vs. ADIT, New Delhi

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

ITA 3408/DEL/2014[2006-07]Status: DisposedITAT Delhi20 Dec 2023AY 2006-07

Bench: Shri N.K. Billaiya & Ms Astha Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vizay B. Vasanta, CIT-DR
Section 143(3)

…rise in India; (ii) through which the business of the foreign enterprise is wholly or partly carried on. 18. On the issue of “fixed place of business”, we find that the facts considered by the Hon'ble Supreme Court in the case of eFunds IT Solution and Ors 399 ITR 34 are pari materia same as that of the assessee. Therefore, it would be pertinent to refer to the decision of the Hon'ble Supreme Court {supra]. The relevant findings read as under: “19. Before the Supreme Court it was argued by the Revenue that a PE of the US entities is constituted in India due to the following reasons: • Almost 40% of the empl…