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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

Deputy Commissioner of Income-Tax, Corporate Circle 1(1), Chennai vs. Doosan Power Systems India Private Limited, Chennai

In the result, appeal filed by the revenue is dismissed

ITA 1149/CHNY/2023[2015-16]Status: DisposedITAT Chennai23 Oct 2024AY 2015-16

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1149/Chny/2023 िनधा"रणवष" / Assessment Year: 2015-16 Deputy Commissioner Of Doosan Power Systems India Income Tax, V. Private Limited, Corporate Circle -1(1), 18/2A, Sennerkuppam, Bye Chennai. Pass Road, Poonamallee, Chennai – 600 056. [Pan:Aabcb-5946-J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. Clement Ramesh Kumar, Cit ""यथ"क"ओरसे/Respondent By : Shri. Sandeep Bagmar, Ca सुनवाई क" तारीख/Date Of Hearing : 20.08.2024 घोषणा क" तारीख/Date Of Pronouncement : 23.10.2024 आदेश /O R D E R

For Appellant: Shri. Clement Ramesh Kumar, CITFor Respondent: Shri. Sandeep Bagmar, CA
Section 144BSection 147Section 195Section 40Section 9(1)(vi)

does not have any place of business/office in India and no activities are being carried out by HSC in India, there exists no business connection for HSC in India. Therefore, no income arises through business connection in India under s. 9(1)(i).Further, as per the India-Korea ... place of business/office in India and further no :-14-: ITA. No: 1149/Chny/2023 activities are being carried out by HSC in India, there exists no business connection for HSC in India. Therefore, no income arises through business connection in India U/s.9(1)(i).Further, as per the India-Korea tax-treaty

Kreuz Subsea Technologies Pte Ltd., Singapore vs. ACIT International Taxation Circle-2(1)(2), Delhi

In the result, appeal is dismissed

ITA 1403/DEL/2022[2019-20]Status: DisposedITAT Delhi09 Oct 2024AY 2019-20

Bench: Shri Saktijit Dey, Hon’Ble Vice- & Shri Naveen Chandraassessment Year: 2019-20 Kreuz Subsea Technologies Vs. Acit, Pte. Ltd., Singapore, Circle- International Taxation 10, Science Centre Road, -2(1)(2), Block 1, 01-12, Bestway New Delhi Centre, Singapore Pan: Aafck7070C (Appellant) (Respondent) Assessee By None Department By Sh. Vijay B. Basanta, Cit(Dr) Date Of Hearing 25.09.2024 Date Of Pronouncement 09.10.2024 Order Per Saktijit Dey, Vice-This Is An Appeal By The Assessee Challenging The Final Assessment Order Dated 12.04.2022 Passed Under Section 143(3) Read With Section 144C(13) Of The Income-Tax Act, 1961 (In Short ‘The Act’) For The Assessment Year 2019-20 In Pursuance To The Directions Of Learned Dispute Resolution Panel (Drp). 2. When The Appeal Was Called Out None Appeared On Behalf Of The Assessee. Even, There Is No Application By The Assessee Seeking Ay: 2019-20

Section 143(3)Section 144C(13)Section 234BSection 270A

seen from the grounds raised, there are two issues arising in the appeal. Firstly, whether the assessee had a service Permanent Establishment (PE) or business connection in India during the year and secondly, if so, income attributable to such PE. 6. Briefly the facts are, the assessee ... connection with the work undertaken. Noticing these facts, the Assessing Officer called upon the assessee to explain, whether it had any PE or business connection in India. In response to the show-cause, the assessee submitted that in the year under consideration, it has deployed four vessels for rendering services

DCIT, Central Circle-2(4), Chennai vs. Shri S. Elembharathi, Chennai

In the result, both the appeals filed by the Revenue and the Cos filed by the assessee are dismissed

ITA 220/CHNY/2022[2015-16]Status: DisposedITAT Chennai25 Sept 2024AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos.220 & 221/Chny/2022 िनधा"रण वष"/Assessment Years: 2015-16 & 2017-18 & C.O. Nos. 7 & 8/Chny/2022 [In Ita Nos. 220 & 221/Chny/2022] The Deputy Commissioner Of Vs. Shri S. Elambharathi, Income Tax, Central Circle -2 (4), Flat No. 5, Ground Floor, 364, Room No. B6, Investigation Building, Kurupam Court, Lloyds Road, No. 46, Mahatma Gandhi Road, Gopalapuram, Chennai 600 086. Chennai 34. [Pan: Aacpe3945N] (अपीलाथ"/Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri V. Nandakumar, Cit Assessee By : Shri G. Baskar, Advocate & Shri P.M. Kathir, Advocate सुनवाई की तारीख/ Date Of Hearing : 28.08.2024 घोषणा की तारीख /Date Of Pronouncement : 25.09.2024 आदेश /O R D E R Per Bench: Both The Appeals & The Cross Objections Filed By The Revenue & The Assessee Respectively Are Directed Against The Common Order Dated 28.01.2022 Passed By The Ld. Commissioner Of Income Tax (Appeals) 19, Chennai For The Assessment Years 2015-16 & 2017-18. 2. Since The Issue Raised In The Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed To 2

For Appellant: Shri G. Baskar, Advocate &For Respondent: Shri V. Nandakumar, CIT
Section 143(1)Section 143(3)Section 153ASection 3Section 68

wherein it was held that no addition can be made on the basis of papers found with a third party when there was no business connection between the assessee and the third party. 8.20 Another critical aspect which discredits the use of the notings in the seized materials for concluding