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International Tax: Case-law tracker

Landmark case starting points with authority, issue and practical crux.

CaseAuthorityIssueFinin2min cruxYearReliance note
Union of India v. Azadi Bachao AndolanSupreme CourtTreaty entitlement and treaty shoppingTreaties operate through domestic enabling law; substance and later anti-abuse developments must still be checked.2003Check subsequent history before reliance
Vodafone International Holdings BV v. Union of IndiaSupreme CourtIndirect transfer and legal formThe Court examined offshore share transfer and look-at principles; later statutory indirect-transfer provisions materially affect current analysis.2012Check subsequent history before reliance
Formula One World Championship Ltd. v. CITSupreme CourtFixed place PEControl and disposal of the race circuit during the event supported a PE finding on the facts.2017Check subsequent history before reliance
ADIT v. E-Funds IT Solution Inc.Supreme CourtSubsidiary and service PEA subsidiary is not automatically a PE; the revenue must establish treaty conditions.2017Check subsequent history before reliance
Engineering Analysis Centre of Excellence Pvt. Ltd. v. CITSupreme CourtSoftware paymentsPayments for specified copyrighted software arrangements were not royalty under the examined treaty/domestic framework.2021Check subsequent history before reliance
Morgan Stanley & Co. Inc. v. DITSupreme CourtService PE and attributionThe Court addressed stewardship, deputation, service PE and arm’s-length attribution.2007Check subsequent history before reliance
DIT v. Morgan Stanley / SET Satellite line of casesSupreme Court / High CourtsPE profit attributionArm’s-length remuneration may be central but fact-specific residual attribution must be tested.2007 onwardCheck subsequent history before reliance
Sony Ericsson Mobile Communications India Pvt. Ltd. v. CITDelhi High CourtMarketing intangibles and aggregationThe Court examined aggregation, comparables and marketing expenditure in distribution arrangements.2015Check subsequent history before reliance
CIT v. EKL Appliances Ltd.Delhi High CourtIntra-group servicesCommercial expediency is not substituted by the TPO; receipt/benefit and arm’s-length price still require evidence.2012Check subsequent history before reliance
Nestle SA treaty MFN litigationSupreme CourtMFN clause operationThe Supreme Court required legal notification conditions for the examined MFN benefit; treaty/protocol status must be checked country by country.2023Check subsequent history before reliance

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