NIKESH ARORA,GURGAON vs. DCIT, INTERNATIONAL TAXATION, GURGON
In the result, appeal is allowed in the terms indicated above
ITA 1008/DEL/2022[2017-18]Status: DisposedITAT Delhi18 Jul 2024AY 2017-18
Bench: We Proceed To Deal With The Substantive Issues Arising
Section 143(3)Section 144C(13)Section 2
rights to
proceed against the non-resident US company, which arises out
of agreements entered into outside India. He submitted, as per
section 9(1) of the Act, capital gain through the transfer of a
capital asset situated in India is deemed to accrue and arise in
India. He submitted ... right by virtue of the
assignment agreement entered with SIMI US outside India. It is
the case of the assessee that as per section 9(1)(i) of the Act,
which is a deeming provision, income accruing or arising whether
directly or indirectly through the transfer of capital asset situated
