Supreme Court of India
Assessing Officer Circle (international Taxation) 2(2)(2) New Delhi v. M/s Nestle Sa
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the foregoing analysis and conclusions, it is held that the reasoning and fi ndings in the impugned orders cannot survive; they are set aside.
Judgment, page 70
From the headnote
Issue for consideration: Whether there is any right to invoke the Most Favoured Nation (MFN) clause when the third country with which India has entered into a Double Tax Avoidance Agreement (DTAA) was not an Organisation for Economic Cooperation and Development (OECD) member yet (at the time of entering into such DTAA); and whether the MFN clause is to be given eff ect to automatically or if it is to only come into eff ect after a notifi cation is issued. Income Tax Act, 1961– s.90– Agreement with foreign countrie s or specifi ed territories – Double Tax Avoidance Agreement (DTAA)– Notifi cation
Authorities it was built on
- 1984 Gramophone Company of India Ltd. v. Birendra Bahadur Pandey & Ors.
- 1969 V/o Tractoroexport, Moscow v. M/s. Tarapore & Company & Anr.
- 2000 P. Anand Gajapathi Raju and Ors. v. P.V.G. Raju (died) and Ors.
- 1963 Jagir Kaur & Another v. Jaswant Singh
- 1969 Maganbhai Ishwarbhai Patel v. Union Olf India and Anr.
- 1964 State of Gujarat v. Vora Fiddali Badruddin Mithibarwala
- 2020 Union of India and Others v. Agricas Llp and Others Etc.
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