Sms Mevac Uk Ltd., New Delhi vs. ACIT (International Taxation), Circle-3(1)(2), New Delhi
ITA 9738/DEL/2019[2016-17]Status: DisposedITAT Delhi09 Apr 2025AY 2016-17
Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15
Section 143(3)Section 144CSection 144C(1)Section 263(1)
…viewed in isolation and needs to be examined in its proper prospective taking into account the nature of supplies made. 8. The cases relied by the Assessing Officer have no bearing to the facts of the case. In the case of AEG Aktiengesellschaft Vs. CIT (2004) 267 ITR 209-(KAR) the German company had undertaken to supply electrical portions of the Mill and payments for drawings and documents were received separately for rendering services. These drawings were not linked to supply contract and thus held as fees for technical services. In second case of GMP International GmbH Vs. DIT (Intl. Tax) AAR/837/2009, the as…