HYATT INTERNATIONAL SOUTHWEST AISA LTD. vs. ADDITIONAL DIRECTOR OF INCOME TAX
The appeals are dismissed
C.A. No.-009766-009766 - 2025Supreme Court24 Jul 2025
Bench: This Court, Before The High Court & Before The Income
Section 142(1)Section 143(3)
…is simply to download information which is contained in the main servers located in UAE based on which cheques are drawn on banks in India whereupon the said cheques are couriered or dispatched to the beneficiaries in India, keeping in mind the 9 (2020) 9 SCC 329 30 instructions of the NRI remitter. Can such an activity be anything but auxiliary in character. Plainly to our minds, the instant activity is in “aid” or “support” of the main activity. The error into which, according to us, the Authority has fallen is in reading Article 5(3)(e) as a clause which permits making a value judgment as to wh…