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“business connection”

International TaxSection 9(1)(i)Section 9(1)(i)833 judgments

The decision most relied on for business connection is Ishikawajima Harima Heavy Industries Ltd. v. DIT (288 ITR 408), cited in 394 judgments on BharatTax.

Leading authorities on business connection

Ishikawajima Harima Heavy Industries Ltd. v. DIT
288 ITR 408 · 2007 · Supreme Court
394
citing judgments

Income from offshore supply of goods and services is not taxable in India if the entire transaction, including transfer of ownership and payments, occurs outside India.

CIT v. Toshoku Ltd.
125 ITR 525 · 1980 · Supreme Court
270
citing judgments

A non-resident commission agent is not chargeable to tax in India on commission income if no business operations are carried out in India. Consequently, no TDS is required under Section 195 on such payments.

Transmission Corporation of Andhra Pradesh v. CIT
239 ITR 587 · 1999 · Supreme Court
243
citing judgments

The Supreme Court lays down principles for deducting tax at source (TDS) under Section 195 on payments to non-residents, including aspects of income deemed taxable in India and the application of Double Taxation Avoidance Agreements (DTAAs) under Section 90.

Motorola Inc. v. Dy. CIT
95 ITD 269 · 2005 · High Court
213
citing judgments

Revenue must demonstrate the existence of a Permanent Establishment (PE) of a foreign enterprise in India, including establishing that transactions underlying a Dependent Agent PE were not at arm's length. Income from the sale of goods is not taxable in India if title and risk in the goods pass outside India.

CIT v. R.D. Aggarwal and Co.
56 ITR 20 · 1965 · Supreme Court
156
citing judgments

A 'business connection' for non-residents requires a real and intimate relation between their trading activities outside India and activities within India, contributing directly or indirectly to their earnings. The Supreme Court assigned a wide meaning to this term.

CIT v. Faizan Shoes (P.) Ltd.
367 ITR 155 · 2014 · High Court
139
citing judgments

Disallowance under section 40(a)(i) for non-deduction of tax at source on export agency commission paid to a non-resident does not apply if the non-resident's income is not taxable in India under section 9(1), such as when the agent operates outside India without a permanent establishment or business connection in India.

Set Satellite Pte Ltd. v. CIT
307 ITR 205 · 2008 · High Court
96
citing judgments

If a Dependent Agency Permanent Establishment (DAPE) is remunerated at arm's length based on transfer pricing principles, no further profits can be attributed to the foreign enterprise. The principles of profit attribution under DTAA Article 7 are pari-materia to Section 9(1)(i) of the Income Tax Act.

IT Solution Inc. v. ADIT
86 Taxmann.com 240 · 2017 · Supreme Court
73
citing judgments

Once the arm's length principle has been satisfied under transfer pricing provisions, no further profit can be attributed to a person even if they have a permanent establishment in India. A reassessment notice based solely on the allegation of a permanent establishment is unsustainable if the arm's length price procedure has been followed.

Judgments citing business connection

DCIT Corporate Circle 3 (2), Chennai vs. M/S Vestas Wind Technology India Private Limited, Chennai

In the result, the appeal of the assessee & Revenue for AYs 2011-

ITA 3024/CHNY/2019[2012-13]Status: DisposedITAT Chennai31 Dec 2024AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadishit (Tp) A No.3/Chny/2018 निर्धारणवर्ष/Assessment Year: 2011-12 M/S.Vestas Wind Technology- India Pvt. Ltd., No.298, Rajiv Gandhi Salai, Sholinganallur, Chennai-600 119. [Pan: Aaaca 9274 F] (अपीलार्थी/Appellant) V. The Dy. Commissioner- Of Income Tax, Corporate Circle-3(2), Chennai. (प्रत्यर्थी/Respondent) आयकर अपीलसं./Ita No.3024/Chny/2019 निर्धारणवर्ष/Assessment Year: 2012-13 The Dy. Commissioner- Of Income Tax, Corporate Circle-3(2), Chennai. V. M/S.Vestas Wind Technology- India Pvt. Ltd., No.298, Rajiv Gandhi Salai, Sholinganallur, Chennai-600 119. [Pan: Aaaca 9274 F] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) Assessee By Department By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख / Date Of Pronouncement : Shri N.V.Balaji, Adv. : Shri A. Sasikumar, Cit : 08.10.2024 : 31.12.2024 It (Tp) A No.3/Chny/2018 For Ay 2011-12 &

Section 144CSection 195Section 40Section 9(1)(vii)

received license fees from the assessee company towards technological assistance in each part of production and commissioning activity including a customization and hence, had business connection in India. 3. The Id.CIT(A) erred in holding that there are no elements to constitute any service PE of M/s. Vestas Denmark