« Top Headlines » Open DEMAT Account in 24 hrs  ITAT Cuts ?4.85 Lakh Penalty After ?14.02 Lakh Interest Income Was Missed in ITR  ITR filed under old regime, tax calculated under new regime; Delhi ITAT gives taxpayer relief  ITAT Delhi Quashes Tax Notice on AMU PG Student’s ?18.34 Lakh Stipend, Declares It Tax-Free Under Section 10(16)  Advance tax deadline September 15: What happens if you missed the previous instalment payment?  How much gold jewellery can you keep at home? Nagpur ITAT explains rules on ownership, gifts, taxability  ?5.31 lakh TDS refund allowed by ITAT Delhi: Why absence of an original ITR did not block the taxpayer  Missed the ITR Filing Deadline? How to Claim Your Income Tax Refund and Correct Mistakes Before December 31, 2026  GST Return Preparation & ITC Analysis with TallyPrime (Hinglish Session)  GST Return Preparation & ITC Analysis with TallyPrime (Hinglish Session)  GST Return Preparation & ITC Analysis with TallyPrime (Hinglish Session)  Income-Tax Department Moves to Bring Greater Certainty to International Tax Cases «  New hotels in NCR shed stars to avail tax holiday... "E-payment of taxes mandatory from January"... » Revenue dept moves SC on Morgan Stanley judgment October, 26th 2007 The Income-tax Department on Tuesday moved Supreme Court seeking review of its judgment in the Morgan Stanley case. The revenue department, in its petition prepared by additional solicitor general Mohan Parasaran, has sought to tax the profits of MNC operations in India on the ground that a mere arms length payment (market price) to the captive entity cannot absolve them of tax liability. The remuneration at market price to the BPOs and the taxiblity on the profits of foreign companies are two different things, said the revenue department seeking setting aside the apex courts July 9 verdict in the case of US investment bank Morgan Stanleys captive BPO The Supreme Court had ruled that foreign companies would not be at risk of being taxed in India as long as it was compensating its outsourcing unit on an arms length basis (same payment to the Indian entity as it would to an outside agency). It is respectfully submitted that arms length payment to the service provider cannot extinguish the taxibility of the profits of the foreign principal. A proposition to such effect in the impugned judgement (Mogan Stanley BPO case) goes against the internationally accepted principles on attribution of profits to the PE, said revenue in its 162-page review petition, which includes annexures as well.