DCIT (IT) -4(2)(1), MUMBAI vs. SAFEGATE INTERNATIONAL AB, MUMBAI
In the result, appeal is dismissed
ITA 1599/MUM/2015[2011-12]Status: DisposedITAT Mumbai08 Nov 2017AY 2011-12
Bench: Shri Saktijit Dey & Shri G. Manjunatha
For Appellant: Shri Madhur Agarwal a/wFor Respondent: Shri Samuel Darse
…. This according to the learned Departmental Representative, indicates that the title of goods did not pass outside India. In this context, he relied upon the decision of the Tribunal, Delhi Bench, in Baker Hughes Asia Pacific Ltd. and others v/s ACIT, [2014] 151 ITD 76 (Del.). Learned Departmental Representative submitted, 10 M/s. Safegate International A.B. there is no separate agreement with regard to off–shore supply of material Further, separate price for off–shore and on–shore contract is purely on ad–hoc basis, hence, not reliable. Therefore, it will be incorrect to conclude that the contract is divisible…