ILJIN ELECTRIC CO. LTD,MUMBAI vs. DCIT (IT) CIR 2(2)(1), MUMBAI
In the result, appeal for A
ITA 1023/MUM/2015[2011-12]Status: DisposedITAT Mumbai14 Oct 2016AY 2011-12
Bench: Shri Jason P. Boaz, Accoutant Member & Shri Saktijit Dey
For Appellant: Shri Madhur AgarwalFor Respondent: Shri Jasbir Chauhan
Section 143(3)Section 144C(13)Section 144C(5)Section 234BSection 234D
…ll works related to contracts including off–shore supplies are done through such P.E. and the P.E. is responsible for completion, quality and subsequent warranty of the project. Relying upon the decision of the Tribunal, Chennai Bench, in Ansaldo Energia Spa, 115 TTJ 942, which was upheld by Hon'ble Madras High Court in Ansaldo Energia SPA v/s ITO, 310 ITR 237 (Mad.), the DRP repelled the assessee‟s argument that income received from off–shore supply of equipments and material is not taxable in India as it is a sale on principal–to– principal basis. The DRP observed, the passing of property outside India is only…