Blue Dart Express Limited v. JCIT

SOLVAY S A ,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX INTERNATIONAL TAX CIRCLE 4(2)(2), MUMBAI

In the result, the appeal is partly allowed

…a view to bring the services provided by the assessee within the fold of "technical services\".\nIn reaching this conclusion the learned CIT(A) also relied on the order passed by the Mumbai\nbench of the Tribunal in Blue Dart Express Limited Vs. JCIT [(2000) 75 ITD 414 (Mum.)]. Let\nus examine the facts of that case. The assessee there claimed deduction u/s 80-O in respect of\nits foreign exchange earnings for rendering technical / professional services to a US Multi\nInternational company. During the course of assessment proceedings, the A.O. required the\nassessee to furnish the nature of services rendered and…

PRIVILEGE INDUSTRIES LTD.,MUMBAI vs. PR. CIT - 14, MUMBAI

In the result, appeal is dismissed

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Pr. Commissioner Of Income Tax– M/S Privilege Industries Ltd. 14 3Rd Floor, Dheeraj Arma, Anant Room No. 415, Vs. Kanekar Marg, 4Th Floor, Aayakar Bhavan, Bandra (E), Mumbai-400 051 Maharshi Karve Road, Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaecs6532N

…exercised for directing a full enquiry to merely find out if the earlier view taken is erroneous particularly when a view is already taken after enquiry. AR further relied upon the decision of the coordinate bench in case of blue Dart express Ltd versus JCIT 75 ITD 414, honourable Delhi High Court in case of associated food products 280 ITR 377, honourable Andhra Pradesh High Court in 114 ITR 404 and Hon. Bombay High Court in case of CIT versus Gopal purohit 228 CTR 582. He further submitted that the AO has held that the method of valuation of share is correct and accepted accordingly this is one of the possible…