Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2018 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (3) TMI 1987 - HC - Income TaxIncome deemed to accrue or arise in India - Liability to tax in India - Payment of data processing fees paid by the assessee to its overseas branch at Singapore is in the nature of income - HELD THAT:- The question as proposed has became academic in view of the fact that the alternative submission made by the respondent before the authorities was that the payment made to its overseas branch at Singapore in respect of the data processing fees was really in the nature of reimbursement. The impugned order of the Tribunal has on facts found that the payment made by the respondent assessee to it overseas branch at Singapore was in the nature of reimbursement of expenses. The aforesaid findings of fact by the Tribunal is not the subject matter for challenge before us by the Revenue. It is also an agreed position between the Counsel that the issue of reimbursement of expenses is now in similar circumstances been held that to be chargeable to tax by the Apex Court in Director of Income Tax Vs. A.P. Moller Maersk A/S [2017 (2) TMI 993 - SUPREME COURT]. Question of law as proposed being academic, does not give rise to any substantial question of law. Therefore, not entertained.
|