Galileo International Inc. v. DCIT

19 SOT 257Income Tax Appellate Tribunal2008#3783 most cited

What is Galileo International Inc. v. DCIT authority for?

A Computer Reservation System (CRS) installed at the premises of Indian subscribers can constitute a Permanent Establishment (PE) in India, and a portion of income from Indian operations may be taxable in India, potentially exhausted by commission paid to Indian distributors.

31

judgments rely on this decision, according to BharatTax’s citation analysis of 366,418 Indian tax judgments — from 2014 to 2024.

Also referred to as

Galileo International Inc. v. DCIT · 19 SOT 257 · Permanent Establishment · PE · fixed place PE · dependent agent PE · Computer Reservation System · CRS · Section 9(1)(i) · business connection · attribution of income · treaty benefits

Issues it is cited on

Judgments citing Galileo International Inc. v. DCIT

M/S Balmer Lawries & Co. Ltd., Kolkata vs. Income Tax Officer(It) WD-1(1), Kolkata

In the result, assessee’s appeal stands allowed

ITA 2079/KOL/2014[2012-2013]Status: DisposedITAT Kolkata27 Apr 2016AY 2012-2013

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2012-13 M/S Balmer Lawrie & Co. V/S. Income Tax Officer Ltd., 21, N.S.Road, (International Taxation), Kolkata-700 001 Ward-1(1), Aayakar [Pan No. Aabcb 0984 E] Bhawan (Poorva), 2Nd Floor, R. No.215, 110, Shanti Pally, Kolkata- 700 107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri M.K.Poddar, Sr-Advocate अपीलाथ" क" ओर से/By Appellant Shri C.P.Bhatia, Jcit-Dr ""यथ" क" ओर से/By Respondent 18-02-2016 सुनवाई क" तार"ख/Date Of Hearing 27-04-2016 घोषणा क" तार"ख/Date Of Pronouncement

Section 195Section 201(1)Section 5(2)(b)

…, Kol. Page 14 11. So far as remittance towards share in profit is concerned, as discussed earlier, the same was chargeable to tax in India. There may be some dispute as to quantum of income taxable in India. In the case of Galileo International Inc. vs. DCIT 19 SOT 257, Hon'ble ITAT, Delhi had examined the case where a resident of USA, engaged in provision services to hotels, airlines etc., appointed a distributor in India. It was held by the Hon'ble Tribunal that such appointment of distributor amounted to business connection in India and also the same, practically being a dependent agent, was to be treated as…