TaxBuzz – Vaish Associates Advocates

ITAT Delhi rejects the allegation of constitution of Permanent Establishment of foreign enterprise having subsidiaries in India sans satisfaction of disposal test

We are pleased to share with you a copy of our in-house publication – “TaxBuzz”, wherein we have analysed the recent ruling of ITAT, Delhi Bench in the case of SAIC Motor Corporation Limited v. ACIT: ITA No. 1191/Del/2025 wherein the Hon’ble ITAT struck down the profit attribution made to the alleged PE of a […]

End of Ambiguity: Payment Towards Non-Compete Fee, A Revenue Expenditure

We are pleased to share with you a copy of our in-house publication – “TaxBuzz”. In this edition, we have analysed a recent landmark judgment rendered by the Supreme Court in case of Sharp Business System, wherein the Hon’ble Court has put an end to the controversy on payment made towards non-compete fee and held it […]

Seminal Decision of the Delhi High Court on Constitution of Service Permanent Establishment

We are pleased to share with you a copy of our in-house publication – “TaxBuzz”, wherein we have analysed the recent ruling of Delhi High Court in the case of CIT v. Clifford Chance Pte. Ltd.: ITA No. 353/2025 and 354/2025 wherein the Hon’ble High Court held that in absence of a specific clause in […]

Delhi High Court Upholds Disallowance of Late EPF/ ESI Deposits under Section 143(1)

In a significant judgment, the Delhi High Court upheld validity of disallowance of late deposit of employees’ contribution towards EPF and ESI made vide intimation issued under section 143(1) of the Income-tax Act, 1961. Citing judgment of the Supreme Court in the case ofCheckmate Services (P) Ltd deciding allowability of aforesaid deduction in favour of the Revenue, the High Court held that adjustments in relation to incorrect claims can be […]

Payments to persons under Section 13(3) – must be ‘reasonable’ and ‘commensurate’ to services rendered; does not result in complete denial of exemptions u/s 11/ 12: Delhi HC

As per Sections 11 and 12, income of institutions/ trusts/ organization for “charitable purpose” are exempt from tax under the Act so long as the mandatory conditions under Sections 2(15)/ 12A of the IT Act are satisfied. Section 13 specifies certain prohibited instances of payments/ transactions; for e.g., Section 13(1)(c) provides that Sections 11/12 shall […]

Del HC delineates guiding principles for deciding application for lower/ Nil tax withholding; outlines principles governing DAPE under India-Ireland DTAA

Del HC delineates guiding principles for deciding application for lower/ Nil tax withholding; outlines principles governing DAPE under India-Ireland DTAA In the recent judgment of SFDC Ireland Ltd.[1], the Delhi HC has shed light on an issue of vital importance, viz., the nature of the duty cast upon the Assessing Officer (‘AO’) while deciding an […]