4) DIT v. B4U International

DCIT(IT)-1(2)(1), MUMBAI vs. BAY LINES ( MAURITIUS), MUMBAI

In the result, appeals of the Revenue are dismissed and\nthe cross objections of the assessee are also dismissed

…ITA No.4858/Mum/2018 and others\nM/s. Bay Lines (Mauritius)\n(A.Y.2011-12) and ITA No.6716/Mum/2016 (A.Y.2012-13), in\ncontext of agency PE issue has relied on the decision of Bombay\nHigh Courts in the case of DIT vs. B4U International Holdings Ltd.\n(2015) (374 ITR 453) (Bom) and stated at para 14 (pg.16) of its\norder as under:\n\"We find that on a plain reading of Art.5(5), it is clear that for\ndetermining the independence, one should look at the agent and\nas to whether the agent has only one principal for whom the agent\nworks exclusively. The fact that the principal has only one agent in\nIndia who undert…

DCIT(IT)-1(2)(1), MUMBAI vs. BAY LINES ( MAURITIUS), MUMBAI

In the result, appeals of the Revenue are dismissed and\nthe cross objections of the assessee are also dismissed

…ITA No.4858/Mum/2018 and others\nM/s. Bay Lines (Mauritius)\n(A.Y.2011-12) and ITA No.6716/Mum/2016 (A.Y.2012-13), in\ncontext of agency PE issue has relied on the decision of Bombay\nHigh Courts in the case of DIT vs. B4U International Holdings Ltd.\n(2015) (374 ITR 453) (Bom) and stated at para 14 (pg.16) of its\norder as under:\n\"We find that on a plain reading of Art.5(5), it is clear that for\ndetermining the independence, one should look at the agent and\nas to whether the agent has only one principal for whom the agent\nworks exclusively. The fact that the principal has only one agent in\nIndia who undert…

DAMCO INTERNATIONAL BV,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (IT)-2(1)(2), MUMBAI

In the result, appeal by the assessee is partly allowed

…आयकर अपील"य अ"धकरण मुंबई पीठ “आई ”, मुंबई "ी "वकास अव"थी, "या"यक सद"य एवं "ी एम बालगणेश, लेखाकार सद"य के सम" IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “ I ”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI M. BALAGANESH, ACCOUNTANT MEMBER आअसं. 7447/मुं/ 2017 ("न.व. 2013-14) Damco International BV C/o.Damco India Private Limited 13th Floor, Tower A, Urmi Estate Ganpatrao Kadam Marg, Lower Parel, Mumbai 400 013. PAN:AAECD-6659-B ...... अपीलाथ" /Appellant बनाम Vs. Deputy Commissioner of Income Tax (International Taxation)-2(1)(2), Room No.1713, 17th Floor, Air India Building, Nariman Point, Mumb…

DY CIT-IT-1(1)(2), MUMBAI vs. M/S ARC LINE, MUMBAI

In the result, this appeal by the revenue stands dismissed

Bench: Shri Shamim Yahya (Am) & Shri Amarjit Singh (Jm) I.T.A. No. 7347/Mum/2019 (Assessment Year 2013-14)

…if the assessee principal could show that it was not the sole client of the agent and that the activities of the agent were not devoted wholly or almost wholly on behalf of the assessee. b) The Hon’ble Bombay HC in DIT(IT) v. B4U International Holdings Ltd. (374 ITR 453) while dealing with the Revenue's appeal from the aforesaid order of the ITAT on the aspect as to whether the ITAT was correct in holding that B4U cannot be treated as a dependant agent of the assessee, in view of Art. 5(5) of the India Mauritius Treaty, dismissed the revenue's appeal holding that ITAT's order did not give rise to any substantial…

NGC NETWORK ASIA LLC,MUMBAI vs. DCIT (IT) RG 3(3)(1), MUMBAI

In the result, the assessee appeal is partly allowed

Bench: Shri Shamim Yahya & Shri Pavan Kumar Gadale

…IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA Nos 6677 & 6678/Mum/2018 (A.Ys: 2014-15 & 2015-16) & M/s NGC Network Asia Vs. DCIT (IT) – 3(3)(1) LLC, Ground Floor, C/o. SRBC &Associates Scinida House, Ballard LLp,14 th floor, They Estate, Mumbai.- Ruby, 29,Senapati 400038 Bapat Marg, Tulsi Rd, Dadar(W) Mumbai- 400028. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AABCN3136G Appellant .. Respondent Appellant by : Shri Porus Kaka, AR Respondent by : Shri S S Iyengar, DR Date of Hearing 24.06.2021 Date of Pronouncement 12…

ASIA TV (UK) LTD,MUMBAI vs. DDIT 1(1), MUMBAI

In the result, the appeal for the AY 2006-07 is partly allowed

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2006-07 & Assessment Year: 2007-08

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “I” MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) Assessment Year: 2006-07 & Assessment Year: 2007-08 Asia TV (UK) Ltd. Dy. Director of Income Tax, C/o MGB & Co., CAs Jolly Vs. International Taxation-1(1), Bhawan II, 1st floor, 7 New Mumbai. Marine Lines, Churchgate, Mumbai-400020. PAN No. AADCA 0877 H Appellant Respondent Assessee by : Mr. Niraj Sheth, AR Revenue by : Mr. Sreenivas Raghavan, DR : 15/01/2021 Last Date of Hearing Date of Pronouncement : 15/02/2021 ORDER PER N.K. PRADHAN, A.M. The captioned appeal…