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Search Results for "Non-resident"

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High Court

Madras High Court Allows Assessee's Appeal in TDS Dispute on Internet Charges Paid to Non-Resident — Payments for Telecom Connectivity Not Royalty or Fees for Technical Services. Section 40(a)(i) Disallowance Set Aside as Payments Were Not Chargeable to Tax Under the Income Tax Act, 1961.

30 Apr 2026

The appellant, M/s. Cognizant Technology Solutions India Private Limited, is engaged in the development and export of computer software. For the asses...

High Court

High Court of Karnataka Dismisses Revenue's Appeals in Vodafone TDS Case — No Disallowance Under Section 40(a)(ia) for Non-Deduction of TDS on Payments to Non-Residents Without Permanent Establishment in India. The court held that where the non-resident has no permanent establishment in India, the income is not taxable in India, and consequently, no TDS is required under Section 195 of the Income Tax Act, 1961.

28 Jul 2016

The case involves appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax) against the common order of the Inco...

High Court

High Court Allows Appeal in Income Tax Case: Consultancy Fees Received Abroad by Non-Resident Not Taxable in India. The court held that the assessee, a non-resident rendering services outside India, was not liable to tax on consultancy fees received abroad under Section 5(2) of the Income Tax Act, 1961.

17 Nov 2015

The appellant-assessee, Sri Salil Punoos, was employed by M/s Best Foods Asia Ltd., Hongkong as Managing Director from 1997. During the relevant perio...

High Court

Karnataka High Court Allows Revenue's Appeal in ITC Hotels TDS Case — Remittances to US Company for Marketing Services Held Subject to TDS Under Section 195 of Income Tax Act. The court held that the existence of a permanent establishment is a factual issue and the assessee cannot rely on past No Objection Certificates to avoid TDS liability.

15 Jun 2015

The case involves appeals filed by the Commissioner of Income Tax and the Income Tax Officer (TDS) against the order of the Income Tax Appellate Tribu...

High Court

Karnataka High Court Allows Revenue's Appeal in ITC Hotels TDS Case — Remittances to US Company for Marketing Services Held Subject to TDS Under Section 195 of Income Tax Act, 1961. The court held that the assessee was liable to deduct tax at source on payments to a non-resident for services rendered outside India, as the income was deemed to accrue or arise in India under Section 9(1)(i), and the principle of consistency did not bar the Revenue from taking a different view.

15 Jun 2015

The case involves appeals by the Commissioner of Income Tax and the Income Tax Officer (TDS) against the order of the Income Tax Appellate Tribunal (I...

High Court

Karnataka High Court Allows Refund of Service Tax Paid by Non-Resident for Period Prior to Amendment — Unjust Enrichment Not Applicable. Service Tax Liability for Period 10.09.2004 to 31.12.2004 Not Attracted as Reverse Charge Mechanism Introduced Only from 01.01.2005 Under Finance Act, 1994.

11 Mar 2015

The appellant, M/s Madura Coats Pvt. Ltd., a non-resident service provider, had paid service tax for the period 10.09.2004 to 31.12.2004 under the Fin...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. Payment for shrink-wrapped software held to be for copyright article, not transfer of copyright rights, thus not taxable as royalty.

9 Mar 2015

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax (TDS)) against the common order o...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty. Payment for purchase of shrink-wrapped software from non-resident held not royalty under Section 9(1)(vi) of Income Tax Act, 1961, as no copyright transferred.

9 Mar 2015

The case involves two appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appella...

High Court

Bombay High Court Upholds Penalty for FERA Violation in Foreign Exchange Remittance Case. Directors and Company Held Liable for Making Payment to Non-Resident Without RBI Permission Under Section 9(1)(a) and 9(1)(d) of Foreign Exchange Regulation Act, 1973.

31 Jul 2006

The case involves three appeals filed by Associated Capsules Private Limited and its two directors, Jasjit Singh and Ajit Singh, against an order of t...

High Court

Bombay High Court Dismisses Revenue's Appeal in Gift Tax Case — Gifts Made in Kashmir by Non-Resident Assessee Exempt Under Section 5(1)(ii) of Gift Tax Act, 1957. The Court held that the situs of the gift is where the gift is made, and since the gifts were made in Kashmir, they are exempt as gifts of money made outside India.

2 Aug 2005

The Revenue appealed against the order of the Income Tax Appellate Tribunal which confirmed the Deputy Commissioner of Income Tax (Appeals)'s order ho...

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