Delhi HC Affirms No PE in India; Offshore Supply Alone Not Taxable

CIT Vs Siemens Mobile Communication SPA (Delhi High Court) The appeal was filed by the Revenue before the Delhi High Court challenging the order dated 30 September 2019 passed by the Income Tax Appellate Tribunal. The Revenue raised multiple questions of law concerning the existence of a business connection and permanent establishment (PE) in India, taxability of software licensing fees as royalty under both the Income-tax Act, 1961 and the applicable Double Taxation Avoidance Agreement (DTAA), and the levy of interest under Section 234B. Read SC Judgment: No Permanent Establishment Found, Re...