“POEM”

HERO FINCORP LIMITED,NEW DELHI vs. ACIT, CIRCLE 11(1), DELHI, C.R. BUILDING

Bench: Shri Mahavir Singh, Vice Presdient (), Shri Satbeer Singh Godara & Shri Brajesh Kumar Singhआ.अ.सं/.I.T.A No.2542/Del/2024 निर्धारणवर्ष/Assessment Year:2017-18 Hero Fincop Ltd., 34 Community Centre, Basant Lok, Vasant Vihar, New Delhi-110057 बनाम Vs. Assistant Commissioner Of Income Tax, Circle-11(1) C. R. Building, New Delhi-110002 अपीलार्थी Appellant प्रत्यर्थी/Respondent Pan:Aaach0157J Assessee By Shri Rohit Jain, Adv., Shri Deepesh Jain, Adv. & Shri Himanshu Aggarwal Adv. Revenue By Ms. Pooja Swaroop, Cit(Dr) सुनवाईकीतारीख / Date Of Hearing: 14.01.2026 उद्घोषणाकीतारीख/Pronouncement On 16.01.2026 आदेश /Order Per Brajesh Kumar Singh, Am, The Assessee Is Engaged In The Business Of ‘Hire Purchase Leasing & Finance'. This Appeal Is Filed By The Assessee Against The Order Of National Faceless Appeal Center (Nfac)/(First Appellate Authority Hereinafter Referred As “Faa”), Delhi Dated 27.03.2024 Arising Out Of Assessment Order U/S 143(3) Of The Act Dated 29.12.2019For The Assessment Year 2017-18. 2. The Assessee Has Raised Following Grounds Of Appeal: “Disallowance Of Provision For Collection Charges -Rs. 9,75,00,000/-

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”, DELHI BEFORE SHRI MAHAVIR SINGH, VICE PRESDIENT (THIRD MEMBER), SHRI SATBEER

BHARTI AIRTEL LTD,NEW DELHI vs. ITO, TDS, WARD-1(1), INTERNATIONAL TAXATION, NEW DEL;HI

In the result, ground of appeal no

Bench: Shri Vikas Awasthy & Shri Manish Agarwalआअसं.4580/धिल्ली/2017(नि.व. 2009-10) Bharti Airtel Ltd., Bharti Crescent, 1 Nelson Mandela Road, Vasant Kunj, Phase Ii, New Delhi 110070 ...... अपीलार्थी/Appellant Pan: Aaacb-2894-G बिाम Vs. Income Tax Officer, Tds, Ward 1(1), International Taxation, ..... प्रनिवादी/Respondent New Delhi अपीलार्थी द्वारा/ Appellant By : Shri Anil Bhalla, Chartered Accountant प्रधििािीद्वारा/Respondent By : Shri Vikram Singh Sharma, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 09/10/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 06/01/2026 आदेश/Order Per Vikas Awasthy, Jm:

Stockholm Branch was PE of its headquarters based at Amsterdam, Netherlands. The residence status of the Bank is determined by Place of Effective Management (POEM) which generally coincides with location of head office. This is a settled position in international tax jurisprudence. POEM in the case of ABN Amro Bank

KISAN INTERNATIONAL TRADING FZE,NEW DELHI vs. ACIT, INT. TAX 2(1)(2), DELHI

In the result, the appeal field by the assessee is allowed

Bench: Shris.Rifaur Rahman & Shri Yogesh Kumar U.S.Kisan International Trading Fze, Vs. Acit, Circle C/O Shri Tarandeep Singh, Advocate Int. Tax 2(1)(2), C – 179, Mansarover Garden, Delhi. New Delhi – 110 015. (Pan :Aaeck0424D) (Appellant) (Respondent) Assessee By : Shri Tarandeep Singh, Advocate Shri Sandeep Yadav, Advocate Revenue By : Shri Vikram Singh Sharma, Sr. Dr Date Of Hearing : 21.08.2025 Date Of Order : 19.11.2025 Order Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Delhi – 43 [“Ld. Cit(A)”, For Short] Dated 06.12.2024 For The Assessment Year 2012-13 Raising Following Grounds Of Appeal :- “1. That On Facts & In Law The Order Dated 06Th December 2024 Passed By The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As The "Cit(A)'} & Order Dated 23Rd December 2019 Passed By The Assessing Officer (Hereinafter Referred To As The "Ao") Are Bad In Law & Void Ab Initio.

place of effective management is also in Singapore. Section 90(2) of the Act mandates that a DTAA “shall prevail” over domestic law unless POEM or Section 6 of the Act override treaty concessions. In the given case, no such findings were recorded by the AO before initiating the reassessment

ARGOS HOLDINGS PTE. LTD.,SINGAPORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE INT TAX 1(1)(1), DELHI, DELHI

In the result, appeal filed by the assessee is partly allowed

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

escapement of income under section 148 of the Act. 2. That the Ld. Assessing Officer misdirected himself by alleging 'Place of Effective Management' (POEM) in India, whereas the unamended section 6(3)(ii) applied for A.Y. 2015-16, thereby rendering the action of the Ld. Assessing Officer ultra vires ... place of effective management is also Singapore. Section 90(2) of the Act mandates that a DTAA “shall prevail” over domestic law; POEM or Section 6 of the Act cannot override treaty concessions, unless GAAR is invoked (which is absent in our case). Precondition of Residence Determination – Absent

ARGOS HOLDINGS PTE. LTD.,SINGAPORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE INT TAX 1(1)(1), DELHI, DELHI

In the result, appeal filed by the assessee is partly allowed

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

escapement of income under section 148 of the Act. 2. That the Ld. Assessing Officer misdirected himself by alleging 'Place of Effective Management' (POEM) in India, whereas the unamended section 6(3)(ii) applied for A.Y. 2015-16, thereby rendering the action of the Ld. Assessing Officer ultra vires ... place of effective management is also Singapore. Section 90(2) of the Act mandates that a DTAA “shall prevail” over domestic law; POEM or Section 6 of the Act cannot override treaty concessions, unless GAAR is invoked (which is absent in our case). Precondition of Residence Determination – Absent

PRADEEP WIG,NEW DELHI vs. ACIT CENTRAL CIRCLE-5, NEW DELHI

The appeals of the Revenue are dismissed

Bench: Shri M. Balaganesh & Shri Anubhav Sharma

owned by the company as erosion therein will consequently erode their invested capital. In any case otherwise, the issue of Point of Effective Management (POEM) of a ITAs No.405 to 411; 412 to 418/Del/2021; ITA No.153/Del/2022; 716/Del/2021; 165/Del/2022; 163/Del/2022; 715/Del/2021; 164/Del/2022; BMA No.5 to 7/Del/2022; and BMA No.8 to 10/Del/2022 ... Order dated 31-3-2021 and/or in the Remand Report dated 13-7-2022. He has further submitted that the Place of Effective Management (POEM) of the said foreign company is also situated outside India because of which, the company is a non-resident in India within the meaning

MOSDORFER GMBH,MUMBAI vs. ACIT CIRCLE INT. TAX. 2(2)(1), NEW DELHI

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmamosdorfer Gmbh Vs. Acit, 408, Maker Bhavan No. International Tax 3, 21, New Marine Circle 2(2)(1) Lines, Mumbai Pan : Aagcm6984N (Appellant) (Respondent)

first mentioned State through a ‘PE situated therein. PE is generally classified into six categories: i. Place of Management or Place of Effective Management (POEM); ii. Fixed Place PE (branch, office, factory, workshop, warehouse, sales outlet, website, etc.); iii. Construction PE (building site or construction); iv. Installation or assembly project

TATA NYK SHIPPING PTE LTD,SINGAPORE vs. DCIT, INT.TAX. CIRCLE-3(1)(1), DELHI

In the result, the appeal of the assessee is allowed and the Stay Application of the assessee is dismissed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

regarded as tax resident of Singapore entitled to benefit of DTAA. 4. Both the parties made extensive arguments referring to Place of Effective Management (PoEM). 5. We find that the similar allegations have been made by the revenue and also during the proceedings concluded

THR INFRASTRUCTURE PTE LTD,GURGAON vs. DCIT, CIR.-3(1)(1), INTL TAX, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

said interest @ 10%, thereby accepting that the Assessee was entitled to the Treaty benefits. 21. With regard to the Place of effective management ("POEM") of the assessee is in Singapore, the ld. AR argued that Prior to the amendment of section 6(3) of the Act by the Finance ... said to be not-resident in India in any previous year if its place of effective management in that year is not in India. • POEM in the case of a company engaged in active business outside India shall be presumed to be outside India if 20 THR Infrastructure

SAGE INTERNATIONAL INC.,USA vs. ACIT, CIRCLE INT. TAXATION 3(1)(2), DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri G.S.Pannu & Shri Kul Bharat[Assessment Year : 2018-19] Sage International Inc., Vs Acit, 105, Townline Road, 2 Pmb 332, Circle 3(1)(2), Vernon Hills, Foreign United International States, Usa. Taxation, Delhi. Pan-Aaycs9212R Appellant Respondent Appellant By Shri Pradeep Dinodia, Ca Respondent By Shri Bhuvnesh Kulshrestha, Cit Dr Date Of Hearing 28.02.2023 Date Of Pronouncement 10.04.2023 Order Per Kul Bharat: The Present Appeal Filed By The Assessee Is Directed Against The Order Of Assessing Officer Passed U/S 143(3) R.W.S 144C(13) Of The Income Tax Act, 1961 (“The Act”) Dated 15.07.2022 For The Assessment Year (“Ay”) 2018-19 .

they have held the assessee to be a non-resident company which does not fall within the Place of Effective Management (POEM) Rules, there by denying the credit of Foreign Tax, while at the same time taxing the income of the assessee company which is wholly earned outside India ... income. During the year under consideration, the assessee company suo-moto treated itself as resident in India by applying the place of Effective Management (POEM) rules as per section 6(3)(ii) of the Act. He further reiterated the submissions dated 24.02.2023. For the sake of clarity, the submissions