67. In CIT v. Bank of China

Essar Communications Limited, Mauritius vs. ACIT, Circle-1 (2)(2), New Delhi

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

…attached herewith as Annexure 3 and a summary of the 11 board meetings which took place in F.Y. 2011-12 is attached herewith as Annexure 4. 41. The Assessee further relies on the judgment of the Calcutta High Court in the case of CIT vs Bank of China (1985) (154 ITR 617), wherein it was held that the control and management of a company is situated at a place where meetings are held by the board of directors. In the instant case, all the decisions relating to the affairs of the company have been taken by the board of directors in the meeting held at its registered office in Mauritius and the tax authorities have…

Essar Com Limited, Mauritius vs. ACIT, Circle 1(2)(2), New Delhi

Bench: Shri Satbeer Singh Godara & Shris.Rifaur Rahman

…is attached herewith as Annexure 3 and a summary of the 11 board meetings which took place in F.Y. 2011-12 is attached herewith as Annexure 4. The Assessee further relies on the judgment of the Calcutta High Court in the case of CIT vs Bank of China (1985) (154 ITR 617), wherein it was held that the control and management of a company is situated at a place where meetings are held by the board of directors. In the instant case, all the decisions relating to the affairs of the company have been taken by the board of directors in the meeting held at its registered office in Mauritius and the tax authorities hav…

Commissioner of Income Tax- Delhi vs. M/S Pasupati Nath Commr. P. Ltd

The appeals are allowed with costs of Rs

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India, it may be said th…

Commissioner of Income Tax Del vs. M/S Swastik Commercial P. Ltd

The appeals are allowed with costs of Rs

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India, it may be said th…

Commissioner of Income Tax Del vs. M/S Trishul Commercial P. Ltd

The appeals are allowed with costs of Rs

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India, it may be said th…

Commissioner of Income Tax- Delhi vs. M/S Mansarover Commercial P. Ltd

The appeals are allowed with costs of Rs

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India, it may be said th…

Commissioner of Income Tax Del vs. M/S Soverign Commercial P. Ltd

The appeals are allowed with costs of Rs

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India, it may be said th…

Commissioner of Income Tax Del vs. M/S Soverign Commercial P. Ltd

The appeals are allowed with costs of Rs

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India,…

Commissioner of Income Tax Del vs. M/S Swastik Commercial P. Ltd

The appeals are allowed with costs of Rs

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India,…

Commissioner of Income Tax Del vs. M/S Trishul Commercial P. Ltd

The appeals are allowed with costs of Rs

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India,…

Commissioner of Income Tax- Delhi vs. M/S Pasupati Nath Commr. P. Ltd

The appeals are allowed with costs of Rs

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India,…