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“non-resident”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(30) / Section 6 / ITR Forms3,736 judgments

The decision most relied on for non-resident is GE India Technology Centre Pvt. Ltd. v. CIT (327 ITR 456), cited in 663 judgments on BharatTax.

Leading authorities on non-resident

GE India Technology Centre Pvt. Ltd. v. CIT
327 ITR 456 · 2010 · Supreme Court
663
citing judgments

Tax must be deducted at source from payments made to a non-resident under Section 195 only if such payment is chargeable to tax in India. The Assessing Officer bears the onus to establish that the payments made are indeed chargeable to tax under the Income Tax Act.

CIT v. Samsung Electronics Ltd.
345 ITR 494 · 2012 · High Court
461
citing judgments

Payments by Indian residents to non-resident foreign software suppliers for software are considered royalty, constituting income deemed to accrue in India under section 9(1)(v), thereby requiring tax deduction at source under section 195.

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. De Beers India Minerals (P.) Ltd.
346 ITR 467 · 2012 · High Court
371
citing judgments

For fees for technical or consultancy services to 'make available' technical knowledge or know-how under a DTAA, the service must transmit such knowledge, allowing the recipient to derive an enduring benefit and utilize it independently in the future.

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.

DIT v. Infrasoft Ltd.
39 Taxmann.com 88 · 2013 · High Court
269
citing judgments

Payments for the use of copyrighted software, without the transfer of any rights in the underlying copyright itself, do not constitute 'royalty' under the Income-tax Act or tax treaties. Such payments are often treated as business income, taxable only if a permanent establishment exists.

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.

ONGC v. CIT
376 ITR 306 · 2015 · Supreme Court
241
citing judgments

Income derived by a non-resident for services related to mineral oil operations, falling under the presumptive taxation regime of Section 44BB, cannot simultaneously be treated as fees for technical services under Section 9(1)(vii). The specific presumptive provisions override the general FTS definition, particularly when DTAA applies.

Judgments citing non-resident

Sonal Jain, Delhi vs. Commissioner of Income Tax (Appeal), Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 7162/DEL/2025[2016-17]Status: DisposedITAT Delhi14 Jan 2026AY 2016-17

Bench: Shri Vikas Awasthyआअसं.7162/धिल्ली/2025 (नि.व. 2016-17) Sonal Jain, 50, Madhuban, Delhi 110092 ...... अपीलार्थी/Appellant Pan: Ackpj-0124-G बिाम Vs. Commissioner Of Income Tax (Appeals), ..... प्रनिवादी/Respondent Delhi अपीलार्थी द्वारा/Appellant By : S/Shri Prasoon Agarwal & Rahul Bansal, Chartered Accountants प्रधििािीद्वारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 16/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 14/01/2026 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), Delhi-43 [In Short ‘The Cit(A)’] Dated 09.09.2025, For Assessment Year 2016-17. 2. The Facts Of The Case In Brief Are: The Assessee Was Employed In The Uk, Hence, Was A Non-Resident During The Relevant Period. Assessment Proceedings U/S 147 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) Were Initiated On Receipt Of Information That The Assessee Had Purchased Immovable Property For A Consideration Of Rs. 37,39,427. Notice U/S.148 Of The Act Was Issued. In Response To Said Notice The Assessee Filed Return Of Income Declaring Income Of Rs.1,07,249/- . During Assessment Proceedings, The Assessing Officer (Ao) Noted That There Were 2 Cash Deposits Totaling To Rs. 1,97,800 In Assessee’S Icici Bank Account During Ay 2016-17. The Assessee Explained Source Of Cash Deposits As Rental Income & Shaguns & Gifts Received From Family Members. In Absence Of Documentary Evidence To Support Assessee'S Claim, The Ao Treated The Said Amount As Unexplained Cash Credit U/S 68 Of The Act & Made Addition Of The Same. In Appeal Before The Cit(A), The Assessee Remained Unsuccessful.

For Appellant: S/Shri Prasoon Agarwal & Rahul BansalFor Respondent: Shri Manoj Kumar, Sr. DR
Section 147Section 148Section 68

Assessment Year 2016-17. 2. The facts of the case in brief are: The assessee was employed in the UK, hence, was a non-resident during the relevant period. Assessment proceedings u/s 147 of the Income Tax Act,1961(hereinafter referred to as ‘the Act’) were initiated on receipt