Section 7 of the Income Tax Act

Income-tax Act, 2025: s.7

Section 7 of the Income-tax Act, 1961 corresponds to section 7 (Income deemed to be received and dividend deemed to be income in a tax year) of the Income-tax Act, 2025.

Read section 7 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 7 is CIT v. Shree Rajasthan Syntex Ltd. (313 ITR 231), cited in 55 of the 296 judgments on BharatTax that turn on this section.

Leading authorities on Section 7

CIT v. Shree Rajasthan Syntex Ltd.
313 ITR 231 · 2009 · High Court
55
citing judgments

This case establishes principles for distinguishing operating leases from finance leases and determining if leased equipment constitutes a Permanent Establishment (PE). It also clarifies that reassessment proceedings initiated on borrowed satisfaction without independent application of mind are invalid.

Bharti Airtel v. ITO (TDS)
67 Taxmann.com 223 · 2016 · High Court
53
citing judgments

Payment for human intervention to install or put equipment in place, distinct from human intervention involved in the transportation of calls between networks, does not constitute Fee for Technical Services (FTS) under section 9(1)(vii) of the Income-tax Act.

DIT v. Abbey Business Services Private Limited
122 Taxmann.com 174 · 2020 · High Court
46
citing judgments

Expenses incurred and reimbursed for seconded employees under a secondment agreement are not liable to tax deduction at source and do not constitute 'fees for technical services'. The secondment agreement itself forms an independent arrangement for securing services.

Diamond Services International (P.) Ltd. v. Union of India
169 Taxmann 201 · 2008 · High Court
32
citing judgments

Performing the job of grading diamonds in a laboratory and issuing a grading certificate does not constitute the transfer of technical skill, knowledge, or commercial experience to the customer. Such activities do not amount to the provision of technical services under Section 9(1)(vi) or Article 12 of a DTAA.

Murli Industries Limited v. ACIT
441 ITR 8 · 2022 · High Court
22
citing judgments

Income tax proceedings initiated against a corporate debtor under section 148 for assessment years prior to the approval of a resolution plan under the Insolvency and Bankruptcy Code (IBC) are invalid, as the IBC aims to provide certainty by extinguishing all claims not part of the resolution plan.

DCIT v. Michelin ROH Co. Ltd.
138 Taxmann.com 497 · 2022 · High Court
9
citing judgments
Behramji Sorabji Lalkaka v. CIT
16 ITR 301 · 1948 · High Court
8
citing judgments
Oord Dredging & Marine Contractors BV v. DCIT
111 Taxmann 163 · Reported
6
citing judgments
77 (Madras) 3. Ford India Ltd. v. Deputy Commissioner of Income Tax
78 Taxmann.com 5 · 2017 · Reported
6
citing judgments
Tiger Global International III Holdings v. AAR
468 ITR 405 · 2024 · High Court
5
citing judgments

Judgments on Section 7

Hil (India) Limited, Delhi vs. Deputy Commissioner of Income Tax, Delhi

In the result, the appeal of the assessee is dismissed

ITA 2034/DEL/2025[2018-19]Status: DisposedITAT Delhi03 Sept 2025AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2018-19] Hil (India) Ltd., Vs National 2Nd Floor, Core-6, E-Assessment Centre, Scope Complex, Lodhi Road, Delhi New Delhi-110003. Pan-Aaach0905Q Appellant Respondent Appellant By Shri Ankur Sharma, Ca Respondent By Shri Pradumna Kumar Singh, Sr.Dr Date Of Hearing 03.09.2025 Date Of Pronouncement 03.09.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 29.01.2025 Of Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Nfac/2017-18/10031966 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 12.01.2021 Passed U/S 143(3) Read With Sections 143(3A) & 143(3B) Of The Act Pertaining To Assessment Year 2018-19. 2. The Ld. Counsel For The Assessee Submitted That The Nclt Vide Its Order Dated 30.07.2025 In Cp (Ib) No.404/(Pb)/2024 Admitted The Petition For Commencement Of Corporate Insolvency Resolution Process (“Cirp”) Against The Assessee Under Section 7 Of The Insolvency & Bankruptcy Code, 2016 (“The Code”) & Also Declared Moratorium In Terms Of Section 14 Of The Code. Further, The Adjudicating Authority Has Been Directed Appoint Interim Resolution Professional & To Take Necessary Steps As Per Ibc.

Section 14Section 143(3)Section 250Section 7

Oman Telecommunications Company Saog, Oman vs. Deputy Commissioner of Income Tax/ Circle International Tax 2(2)(2), Delhi

In the result, appeal is partly allowed

ITA 1023/DEL/2025[2018-19]Status: DisposedITAT Delhi23 Jul 2025AY 2018-19

Bench: Shri Prakash Chand Yadav & Shri Naveen Chandraoman Telecommunications Deputy Commissioner Company Saog Of Income Tax/Circle Vp Finance Office, Po Box 789, Vs. International Tax Postal Code 11, Ruwi Muscat, 2(2)(2), Delhi. Sultanate Of Oman Outside India Pan-Aabco4203F (Appellant) (Respondent) Assessee By Ms. Ananya Kapoor, Adv. Department By Shri Nikhil Kumar Govila, Cit-Dr Date Of Hearing 16/07/2025 Date Of Pronouncement 23/07/2025 O R D E R Per Prakash Chand Yadav, Jm: The Present Appeal Of The Assessee Is Arising Out From The Order Of Ld. Assessing Officer Dated 25Th December, 2024 Having Din & Order No. Itba/Ast/S/147/2024-25/1071556765(1) Dated 25/12/2024 & Relates To Assessment Year 2018-19. 2. Brief Facts Of The Case As Coming Out From The Orders Of The Authorities Below Are That The Assesse Is Foreign Company & Had Not Filed Return Of Income For The Impugned Year. Thereafter, The Case Of The Assessee Was Reopened U/S 148 Of The Income Tax Act, 1961 On The Ground That Assessee Has Received Certain Payments From Two Indian Entities Namely M/S Bharti Airtel Limited & M/S Vodafone Mobile Services Ltd & Has Not Shown Any Income In India. The Assessing Officer Was Of The View That The Service Provided By The Assessee To The Indian Entities Were In The Nature Of The Fts And, Hence, Taxable In India. The Oman Telecommunications Company Saog Vs. Dcit Assessing Officer Relied Upon The Provisions Of Section 9(I)(Vii) Of The Act Held That The Service Rendered By The Assessee Are In The Nature Of Technical Services And, Hence, The Same Are Taxable In India. Accordingly, The Assessing Officer Made Addition Of Rs. 11,81,52,790/. Drp Also Affirmed The View Of The Ao Vide Order Dated 4Th November, 2024. Thereafter, Ld. Ao Framed The Final Assessment Order.

Section 148Section 56Section 9Section 9(1)(vi)Section 9(1)(vii)