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| The Tax Publishers2019 TaxPub(DT) 8223 (Del-HC) : (2020) 312 CTR 0158 INCOME TAX ACT, 1961
Section 90
Where assessee argued that income of assessee, on the basis that RRIL constituted its PE, had already been subjected to tax in the hands of PE i.e. RRIL, and Revenue was seeking to tax the same again, however, this submission had no merit firstly this aspect did not raise a substantial question of law. Thus, appeal of assessee was dismissed.
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Double taxation relief - Supplying aero-engines and spare parts to the Indian customers on principal to principal basis - -
Issue arose under consideration as to whether PE of assessee was in fact liaison office of RRIL in India, which was separately assessed to tax in India and its profit and taxability now has attained finality in the form of agreement under MAP. Held: Assessee submitted that amendment incorporated in the second explanation in section 9(1) with effect from 1-4-2019 would not have retrospective application. Another argument advanced by assessee was that income of assessee, on the basis that RRIL constituted its PE, had already been subjected to tax in the hands of PE i.e. RRIL, and Revenue was seeking to tax the same again. This submission had no merit. Firstly, this aspect did not raise a substantial question of law, since it was clearly a factual issue. Secondly, order of CIT(A) was available when this Court rendered its decision Thus, appeal of assessee was dismissed.
REFERRED : Formula One World Championship Ltd. v. CIT (IT) & Anr. 2017) 394 ITR 80 (SC) : 2017 TaxPub(DT) 0899 (SC) M.M. Ipoh & Anr. v. CIT & Anr. (1968) 67 ITR 106 (SC) : 1968 TaxPub(DT) 0212 (SC) DIT & Ors. v. E Funds IT Solution & Ors. (2014) 266 CTR 0001 (Del) : 2014 TaxPub(DT) 1849 (Del-HC) Rolls Royce Plc v. DIT (2011) 13 taxmann.com 233 (Del) : 2012 TaxPub(DT) 0508 (Del-HC)
FAVOUR : Against the assessee
A.Y. :
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