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May 2024

Income in respect of offshore supply of goods made on CIF basis to customers in India did not accrue in India, and hence, was not liable to tax in India because property in goods had passed outside India and payment was also made outside India.

By Geeta Jani | Dhishat B Mehta | Bhaumik Goda, Chartered Accountants
Reading Time 5 mins

4 [2023] 148 taxmann.com 79 (Mumbai – Trib)

Schindler China Elevator Company Ltd. vs. ACIT

ITA No: 3355/Mum/2023

A.Y.:2020-21

Dated: 22nd March, 2024

Income in respect of offshore supply of goods made on CIF basis to customers in India did not accrue in India, and hence, was not liable to tax in India because property in goods had passed outside India and payment was also made outside India.

FACTS

Assessee was a non-resident company incorporated in China. It was engaged in the business of designing, manufacturing and supplying elevators and escalators.

Assessee had formed a consortium with its Indian AE for bidding in tenders floated by two Indian companies for design, manufacture, supply, installation, t

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