“lack of commercial substance”

PROPERTY PLUS REALTORS,DELHI vs. PR, CIT CENTRAL DELHI 2, DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal

partnership firm that is 30% and the rate applicable in the case of Indian Company, SIPL). The Ld. PCIT further refers to lack of commercial substance, a nomenclature used in the GAAR. However, it is humbly submitted that the GAAR threshold "Tax benefits Rs.3 Crore per year

ESSAR COMMUNICATIONS LIMITED,MAURITIUS vs. ACIT, CIRCLE-1 (2)(2), NEW DELHI

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

management of affairs wholly in India 15. CIT(A) finding that the factual matrix prove Para 90-92 (page 205-213) complete lack of commercial substance and is a clear ECL case of treaty abuse Para 90-92 (page 201-209) ECOM 16. CIT(A) testing the factual matrix

ESSAR COM LIMITED,MAURITIUS vs. ACIT, CIRCLE 1(2)(2), NEW DELHI

Tribunal observed that the lower authorities denied the treaty benefits by treating the Assessee as a tax resident of India, alleging a lack of commercial substance and control and management situated wholly in India, suggesting a colourable device. The Assessee, however, presented evidence of its Mauritian incorporation, valid TRCs

TRICENTIS GMBH,AUSTRIA vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL-TAX, DELHI

In the result, appeals are allowed, as indicated above

Bench: BEFORESHRI SAKTIJIT DEY (Vice President), SHRI S. RIFAUR RAHMAN (Accountant Member)

royalty income to be not taxable in India in terms of treaty provisions, the Assessing Officer introduced theory of “substance over form”, lack of commercial substance etc. He submitted, the assessee is not only the legal 10 | P a g e ITA Nos.2705 & 3526/Del/2023 owner but even the economic owner ... treaty. Therefore, it is only in those situations where no other conclusion can be drawn other than the entity being a conduit or lacking in commercial substance and intending to perpetuate fraud that the Revenue would be justified in doubting the nature and character of that transaction. M. The issuance

TRICENTIS GMBH,AUSTRIA vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, THE DEPUTY COMMISSIONER OF INCOME TAX

In the result, appeals are allowed, as indicated above

Bench: BEFORESHRI SAKTIJIT DEY (Vice President), SHRI S. RIFAUR RAHMAN (Accountant Member)

royalty income to be not taxable in India in terms of treaty provisions, the Assessing Officer introduced theory of “substance over form”, lack of commercial substance etc. He submitted, the assessee is not only the legal 10 | P a g e ITA Nos.2705 & 3526/Del/2023 owner but even the economic owner ... treaty. Therefore, it is only in those situations where no other conclusion can be drawn other than the entity being a conduit or lacking in commercial substance and intending to perpetuate fraud that the Revenue would be justified in doubting the nature and character of that transaction. M. The issuance

THE GOLDEN STATE CAPITAL PTE LTD,SINGAPORE vs. DCIT CIRCLE 3(1)(1), INTERNATIONAL TAXATION, DELHI

Bench: Shri Kul Bharat & Shri M. Balaganeshthe Golden State Capital Pte Ltd, Vs. Dcit, 31, Tanglin Road, #03,-04, St. Circle-3(1)(1), Regis Residences, Singapore, International Taxation, Singapore, Singapore, 247912 Delhi (Appellant) (Respondent) Pan: Aagct8026Q Assessee By : Shri Deepak Chopra, Adv Shri Anmol, Adv Shri Priya, Adv Revenue By: Shri Vizay B. Vasanta, Cit Dr Date Of Hearing 31/05/2023 Date Of Pronouncement 23/08/2023

resident of Singapore and accordingly entitled for treaty benefits with Singapore. The ld AO held the Assessee ineligible for treaty benefit due to lack of commercial substance in Singapore. The name of Singapore is The Golden State Capital Pte Ltd. The said company is represented by sole Director Mr. Sumeet