Linklaters LLP v. Income-Tax Officer, International Taxation, Ward 1(1)(2) Mumbai

GE ENGINE SERVICES LLC,UNITED STATES OF AMERICA vs. ASSISTANT COMMISSIONER OF INCOME TAX, NEW DELHI

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

…ance of the ld. counsel on the decision of the coordinate bench in the case of Wild West Domains, LLC (supra) certainly takes care of the issue wherein relying the decision of the Mumbai Bench of the Tribunal in the case Linklaters LLP vs. ITO (Int. Taxation) 40 SOT 51 and Herbert Smith Freebills LLP vs. ACIT (TS 822-ITAT-202 (Del Trib.) the coordinate bench has given benefit of DTAA, irrespective of the fact that the assessee in that case was fiscally transparent entity in USA, like the present assessee. Accordingly, ground No.2 is sustained in favour of the appellant." 9.3 As noted above in para no 9 of this or…

GENERAL MOTORS OVERSES DISRIBUTION COPORATION,USA vs. ACIT CIRCLE INTERNATIONAL TAXATION 1(3)(1), NEW DELHI

The appeal of the assessee is allowed

Bench: Dr. B.R.R. Kumar & Shri Anubhav Sharmaassessment Year: 2014-15 General Motors Company Usa, Vs Acit, Circle International 1209 Orange Street, Taxation 1(3)(1), Wilmington Delaware New Delhi – 110 002 United States, Zip Code - 19801 (Pan: Aaecg5571H) (Appellant) (Respondent) Assessment Year: 2015-16 General Motors Overseas Vs Acit, Circle International Distribution Corporation, Usa Taxation 1(3)(1), 2711, Centreville Roadnew Castle New Delhi – 110 002 County, Wilmington, Usa-19808 (Pan: Aaecg5571H) (Appellant) (Respondent) Assessee By : Shri Ajay Vohra, Sr. Adv., Shri Vishal Kalra, Adv., Shri Ss Tomar, Adv. & Shri Sumeet Hemkar, Ca Revenue By : Shri Vizay B. Vasanta, Cit-Dr Date Of Hearing : 05.07.2024 Date Of Pronouncement : 05.09.2024 Order Per Anubhav Sharma, Jm:

…stainable in law either.” - The above principle has also been upheld by the courts in the following rulings: - Mohsinally Alimohammed Rafik (1995) 213 ITR 317 (Delhi) - ITO(IT) vs Ramesh kumar Goenka (TA No 3562/ Mum / 2009) - Linklaters LLP vs ITO(IT) (2010) 40 SOT 51 (Mum) - DDIT Vs Tekmark Global Solutions LLC [2010] 38 SOT 7 (Mum) - DDIT(IT) vs Ms AP Moller (TS-555-/TAT-2013 Mum) - It is further submitted that the current treatment for US federal income tax purposes for a single member LLC as a disregarded 6 ITA Nos.2359-2360/Del/2022 entity was introduced in 1996. Thus, at the time India-US tax treaty wa…

GENERAL MOTORS COMPANY,USA vs. ACIT CIRCLR INTERNATIONAL TAXATION 1(3)(1),, NEW DELHI

The appeal of the assessee is allowed

Bench: Dr. B.R.R. Kumar & Shri Anubhav Sharmaassessment Year: 2014-15 General Motors Company Usa, Vs Acit, Circle International 1209 Orange Street, Taxation 1(3)(1), Wilmington Delaware New Delhi – 110 002 United States, Zip Code - 19801 (Pan: Aaecg5571H) (Appellant) (Respondent) Assessment Year: 2015-16 General Motors Overseas Vs Acit, Circle International Distribution Corporation, Usa Taxation 1(3)(1), 2711, Centreville Roadnew Castle New Delhi – 110 002 County, Wilmington, Usa-19808 (Pan: Aaecg5571H) (Appellant) (Respondent) Assessee By : Shri Ajay Vohra, Sr. Adv., Shri Vishal Kalra, Adv., Shri Ss Tomar, Adv. & Shri Sumeet Hemkar, Ca Revenue By : Shri Vizay B. Vasanta, Cit-Dr Date Of Hearing : 05.07.2024 Date Of Pronouncement : 05.09.2024 Order Per Anubhav Sharma, Jm:

…stainable in law either.” - The above principle has also been upheld by the courts in the following rulings: - Mohsinally Alimohammed Rafik (1995) 213 ITR 317 (Delhi) - ITO(IT) vs Ramesh kumar Goenka (TA No 3562/ Mum / 2009) - Linklaters LLP vs ITO(IT) (2010) 40 SOT 51 (Mum) - DDIT Vs Tekmark Global Solutions LLC [2010] 38 SOT 7 (Mum) - DDIT(IT) vs Ms AP Moller (TS-555-/TAT-2013 Mum) - It is further submitted that the current treatment for US federal income tax purposes for a single member LLC as a disregarded 6 ITA Nos.2359-2360/Del/2022 entity was introduced in 1996. Thus, at the time India-US tax treaty wa…

WILD WEST DOMAINS, LLC,GURGAON vs. ACIT, CIRCLE-3(1)(1), INT. TAX. , NEW DELHI

Bench: Shri G.S. Pannu, Hon’Ble & Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.1774/Del/2022 िनधा"रणवष"/Assessment Year: 2019-20 बनाम Wild West Domains, Llc Acit, Go Daddy India Domains & Hosting Vs. Circle-3(1)(1), Int. Services Private Limited, First Floor, Taxation, 01A167, Wework Bristol Chowk, Civic Centre, Platina Tower, Mg Road, Sector-28, Minto Road, Gurgaon, Haryana. Newdelhi. Pan No.Aabcw2372H अपीलाथ" Appellant ""यथ"/Respondent

…y submitted that the Appellant should be accorded the benefits under the India-USA tax treaty.” 8. Ld. Counsel for the assessee further placing reliance on the decision of the Mumbai Bench of the Tribunal in the case of Linklaters LLP Vs. ITO (Int. Taxation) 40 SOT 51 submits that in the context of eligibility of LLP to avail the benefit of India UK Tax Treaty the Hon’ble Tribunal has held that the India UK Tax Treaty would apply to a UK Limited Liability Partnership (LLP) even though it was a pass through entity for UK tax purposes. The Ld. Counsel for the assessee further submits that the Tribunal had observ…

HERBERT SMITH FREE LLP,NEW DELHI vs. DCIT, CIRCLE- 2(1)(1), NEW DELHI

In the result, both the assessee’s appeals stand allowed

…ax under the provisions of section 9(l)(vii) of the Income Tax Act, 1961 ('the Act') as FTS in India. 10. Thereafter, ld. Counsel of the assessee submitted that aforesaid issue is squarely covered by the ruling of ITAT in the case of Linklaters LLP (2010) 40 SOT 51 (Mum.). He further submitted that the assessee was a UK Partnership (similar to the Appellant), a fiscally transparent entity in the UK. The Hon'ble Mumbai ITAT has held that as long as the entity's income is taxed in the concerned jurisdiction, either in the hands 8 ITA No.5760/Del./2016 ITA No.3993/Del./2017 of partners or the partnership firm…

HERBERT SMITH FREEHILLS LLP,GURGAON vs. ACIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, both the assessee’s appeals stand allowed

…ax under the provisions of section 9(l)(vii) of the Income Tax Act, 1961 ('the Act') as FTS in India. 10. Thereafter, ld. Counsel of the assessee submitted that aforesaid issue is squarely covered by the ruling of ITAT in the case of Linklaters LLP (2010) 40 SOT 51 (Mum.). He further submitted that the assessee was a UK Partnership (similar to the Appellant), a fiscally transparent entity in the UK. The Hon'ble Mumbai ITAT has held that as long as the entity's income is taxed in the concerned jurisdiction, either in the hands 8 ITA No.5760/Del./2016 ITA No.3993/Del./2017 of partners or the partnership firm…