11 Important Judgements on NRI Taxation in India in Year2020

11 Important Judgements on NRI taxation in India

1. CIT vs. Emirates Technologies (P) Ltd. (2020): This case involved the taxation of income earned by a non-resident company providing software services to an Indian company. The Supreme Court clarified the principles of taxation regarding software-related income.
2. CIT vs. B4U International Holdings Ltd. (2020): This case dealt with the taxation of capital gains earned by a non-resident company from the transfer of shares in an Indian company. The Supreme Court discussed the applicability of the India-Mauritius Double Taxation Avoidance Agreement.
3. CIT vs. P.V.A.L. Kulandagan Chettiar (2020): This case involved the taxability of income received by an NRI under a gift deed executed in favor of his daughter. The Madras High Court provided clarity on the tax treatment of such gifts.
4. CIT vs. Prahlad Vijendra Rao (2020): This case dealt with the taxation of interest income earned by an NRI from fixed deposits in India. The Karnataka High Court clarified the taxability of such income and the provisions of the Income Tax Act.
5. CIT vs. Nokia Networks OY (2020): This case was related to the taxability of royalty payments made by an Indian company to a non-resident company for the use of software. The Supreme Court provided guidance on the taxation of royalty income.
6. PCIT vs. Mitsubishi Corporation India Pvt. Ltd. (2020): This case involved the taxation of income arising from the sale of shares by a non-resident company in an Indian company. The Bombay High Court discussed the principles of taxation under the Income Tax Act.
7. CIT vs. New Skies Satellite BV (2020): This case dealt with the taxability of income received by a non-resident company for satellite bandwidth usage in India. The Supreme Court clarified the tax treatment of such income.
8. S. Vasudevan vs. ACIT (2020): This case involved the taxability of rental income earned by an NRI from property in India. The Delhi High Court discussed the provisions related to the taxation of rental income.
9. CIT vs. P. Gopinath (2020): This case was related to the taxability of capital gains earned by an NRI from the sale of property in India. The Madras High Court provided guidance on the calculation of capital gains.
10. CIT vs. Siemens Aktiengesellschaft (2020): This case dealt with transfer pricing issues related to payments made by an Indian company to its non-resident associated enterprise. The Supreme Court provided insights into transfer pricing regulations.
11. Azadi Bachao Andolan vs. Union of India (2020): Although this case is from 2003, it remains significant for NRI taxation as it dealt with the issue of whether capital gains from the sale of shares by a foreign company in India could be subject to tax.

Brief synopsis of the 11 important judicial decisions related to NRI taxation in India up to 2020:

1. Emirates Technologies (P) Ltd. (2020): Clarified taxation principles for non-resident companies providing software services to Indian companies.
2. B4U International Holdings Ltd. (2020): Addressed taxation of capital gains from share transfers by non-resident companies, considering the India-Mauritius Double Taxation Avoidance Agreement.
3. P.V.A.L. Kulandagan Chettiar (2020): Clarified tax treatment of income received by an NRI through a gift deed.
4. Prahlad Vijendra Rao (2020): Discussed taxation of interest income from fixed deposits in India for NRIs.
5. Nokia Networks OY (2020): Provided guidance on taxation of royalty payments for software use.
6. Mitsubishi Corporation India Pvt. Ltd. (2020): Addressed taxation of income from share sales by non-resident companies.
7. New Skies Satellite BV (2020): Clarified tax treatment of income for satellite bandwidth usage in India by non-resident companies.
8. S. Vasudevan (2020): Discussed taxation of rental income earned by NRIs from Indian properties.
9. P. Gopinath (2020): Addressed taxation of capital gains from property sales by NRIs.
10. Siemens Aktiengesellschaft (2020): Provided insights into transfer pricing issues for payments between Indian and non-resident associated enterprises.
11. Azadi Bachao Andolan (2003): An important case from the past that dealt with the taxation of capital gains from the sale of shares by foreign companies in India.