CIT v. Hyundai Heavy Industries Co. Ltd.

Kawasaki Heavy Industries Ltd., New Delhi vs. ACIT, New Delhi

In the result the appeal of the assessee is allowed in part

Bench: Shri J. Sudhakar Reddy & Shri Kuldip Singh, Judicial Membr Ay: 2011-12 Kawasaki Heavy Industries Ltd. Vs. Acit, Circle 2(1)(2) 507, 508 & 509, 5Th Floor International Taxation Meridian Tower, Windsor Place Room No.310 New Delhi 110 001 3Rd Floor, E 2 Block Prayaksh Kar Bhawan Civic Cetnre, Jln Marg New Delhi 110 002

…India. 6.5. He relied on the decision of Hon’ble Supreme Court in the case of Ishikavajimaharima Heavy Industries Ltd. vs. DIT (2007) 288 ITR 408 (S.C.) as well as the judgement of the Apex Court in the case of CIT vs. Hyundai Heavy Industries Co.Ltd. (2007) 291 ITR 482 (S.C.) for the proposition that only such part of income as is attributable to the operations carried out in India is to be subjected to Indian tax and that off shore suppliers are to be excluded. 6.6. He also relied on judgements of the Jurisdictional High Court in DIT vs. Nokia Networks OY 358 ITR 259 (Delhi) and DIT vs. Ericsson AB (2012) 343…

Hyundai Heavy Industries Co. Ltd., Dehradun vs. JCIT, Dehradun

In the result, the appeal of the assessee is allowed partly for statistical purposes

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2010-11 Hyundai Heavy Industries Co. Vs. Jcit, International Tax Taxation, Ltd., C/O- M/S. Hemant Arora & Dehradun. Co. 1, Tyagi Road, Dehradun (Pan: Aaach5727Q) (Appellant) (Respondent)

…ion 9(1)(i) of the Act. The ld. Authorized Representative further submitted that this stand of 10 ITA No. 758/Del/2015, AY:2010-11 Hyundai Heavy Industries Co. Ltd. the assessee was approved by the Hon’ble Supreme court in the assessee’s own case reported in 291 ITR 482. He also submitted the factual information in respect of the GMR Projects was as under: “These grounds relate to old Operations & Maintenance (O&M) contract with GMR Power Ltd. at Chennai. The assessee had constructed & installed 200 megawatt diesel power plant consisting of 4 units 50 mega watts each for GMR Vasavi Power Corporation Ltd., Chenna…

Director of Income Tax -II vs. M/S National Petroleum Construction Co

The appeals are disposed of in the above terms

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

…ndia was not taxable under the Act. The DRP held that the title in the goods passed to ONGC in India and on the said basis distinguished the judgment of the Supreme Court in the case of Commissioner of Income Tax & Anr. v. Hyundai Heavy Industries: (2007) 291 ITR 482 (SC) where platforms were delivered to the agents of ONGC in Korea. For the same reason, the DRP also held that CBDT Instruction No. 1767 was not applicable to the facts of the present case. 8.4 The DRP also concurred with the AO that the payment in respect of drawings and design were FTS and in the event it was held that the Assessee did…

National Petroleum Construction Company vs. Director of Income Tax

The appeals are disposed of in the above terms

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

…ndia was not taxable under the Act. The DRP held that the title in the goods passed to ONGC in India and on the said basis distinguished the judgment of the Supreme Court in the case of Commissioner of Income Tax & Anr. v. Hyundai Heavy Industries: (2007) 291 ITR 482 (SC) where platforms were delivered to the agents of ONGC in Korea. For the same reason, the DRP also held that CBDT Instruction No. 1767 was not applicable to the facts of the present case. 8.4 The DRP also concurred with the AO that the payment in respect of drawings and design were FTS and in the event it was held that the Assessee did…

Director of Income Tax - II (International Taxation) vs. National Petroleum Construction Company

The appeals are disposed of in the above terms

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

…ndia was not taxable under the Act. The DRP held that the title in the goods passed to ONGC in India and on the said basis distinguished the judgment of the Supreme Court in the case of Commissioner of Income Tax & Anr. v. Hyundai Heavy Industries: (2007) 291 ITR 482 (SC) where platforms were delivered to the agents of ONGC in Korea. For the same reason, the DRP also held that CBDT Instruction No. 1767 was not applicable to the facts of the present case. 8.4 The DRP also concurred with the AO that the payment in respect of drawings and design were FTS and in the event it was held that the Assessee did…

National Petroleum Construction Company vs. Director of Income Tax

The appeals are disposed of in the above terms

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

…ndia was not taxable under the Act. The DRP held that the title in the goods passed to ONGC in India and on the said basis distinguished the judgment of the Supreme Court in the case of Commissioner of Income Tax & Anr. v. Hyundai Heavy Industries: (2007) 291 ITR 482 (SC) where platforms were delivered to the agents of ONGC in Korea. For the same reason, the DRP also held that CBDT Instruction No. 1767 was not applicable to the facts of the present case. 8.4 The DRP also concurred with the AO that the payment in respect of drawings and design were FTS and in the event it was held that the Assessee did…

Director of Income Tax - II (International Taxation) vs. National Petroleum Construction Company

The appeals are disposed of in the above terms

…ndia was not taxable under the Act. The DRP held that the title in the goods passed to ONGC in India and on the said basis distinguished the judgment of the Supreme Court in the case of Commissioner of Income Tax & Anr. v. Hyundai Heavy Industries: (2007) 291 ITR 482 (SC) where platforms were delivered to the agents of ONGC in Korea. For the same reason, the DRP also held that CBDT Instruction No. 1767 was not applicable to the facts of the present case. 8.4 The DRP also concurred with the AO that the payment in respect of drawings and design were FTS and in the event it was held that the Assessee did…

Royal Jordanian Airlines vs. Commissioner of Income Tax

The appeals are disposed of and the writ petitions are allowed in the

…44BBA of the Act did not entitle RJA to claim deductions of any other expenditure or a lower rate of profit even if it had maintained books of accounts. It was further observed that the decision of the Supreme Court in CIT v. Hyundai Heavy Industries Ltd. 291 ITR 482 would not apply to the facts of the case since the said decision was not rendered in the context of Section 44BBA of the Act. 29. The order dated 29th August 2008 of the ITAT was essentially on the interpretation and applicability of Section 44BBA of the Act. After discussing the decisions of the Supreme Court in Union of India v. A. San…

Royal Jordanian Airlines vs. Commissioner of Income Tax

The appeals are disposed of and the writ petitions are allowed in the

…44BBA of the Act did not entitle RJA to claim deductions of any other expenditure or a lower rate of profit even if it had maintained books of accounts. It was further observed that the decision of the Supreme Court in CIT v. Hyundai Heavy Industries Ltd. 291 ITR 482 would not apply to the facts of the case since the said decision was not rendered in the context of Section 44BBA of the Act. 29. The order dated 29th August 2008 of the ITAT was essentially on the interpretation and applicability of Section 44BBA of the Act. After discussing the decisions of the Supreme Court in Union of India v. A. San…

Royal Jordanian Airlines vs. Commissioner of Income Tax

The appeals are disposed of and the writ petitions are allowed in the

…44BBA of the Act did not entitle RJA to claim deductions of any other expenditure or a lower rate of profit even if it had maintained books of accounts. It was further observed that the decision of the Supreme Court in CIT v. Hyundai Heavy Industries Ltd. 291 ITR 482 would not apply to the facts of the case since the said decision was not rendered in the context of Section 44BBA of the Act. 29. The order dated 29th August 2008 of the ITAT was essentially on the interpretation and applicability of Section 44BBA of the Act. After discussing the decisions of the Supreme Court in Union of India v. A. San…

Royal Jordanian Ailines vs. Commissioner of Income Tax

The appeals are disposed of and the writ petitions are allowed in the

…44BBA of the Act did not entitle RJA to claim deductions of any other expenditure or a lower rate of profit even if it had maintained books of accounts. It was further observed that the decision of the Supreme Court in CIT v. Hyundai Heavy Industries Ltd. 291 ITR 482 would not apply to the facts of the case since the said decision was not rendered in the context of Section 44BBA of the Act. 29. The order dated 29th August 2008 of the ITAT was essentially on the interpretation and applicability of Section 44BBA of the Act. After discussing the decisions of the Supreme Court in Union of India v. A. San…

Director of Income Tax vs. Royal Jordanian Airlines

The appeals are disposed of and the writ petitions are allowed in the

…44BBA of the Act did not entitle RJA to claim deductions of any other expenditure or a lower rate of profit even if it had maintained books of accounts. It was further observed that the decision of the Supreme Court in CIT v. Hyundai Heavy Industries Ltd. 291 ITR 482 would not apply to the facts of the case since the said decision was not rendered in the context of Section 44BBA of the Act. 29. The order dated 29th August 2008 of the ITAT was essentially on the interpretation and applicability of Section 44BBA of the Act. After discussing the decisions of the Supreme Court in Union of India v. A. San…

Director of Income Tax vs. Royal Jordanian Airlines

The appeals are disposed of and the writ petitions are allowed in the

…44BBA of the Act did not entitle RJA to claim deductions of any other expenditure or a lower rate of profit even if it had maintained books of accounts. It was further observed that the decision of the Supreme Court in CIT v. Hyundai Heavy Industries Ltd. 291 ITR 482 would not apply to the facts of the case since the said decision was not rendered in the context of Section 44BBA of the Act. 29. The order dated 29th August 2008 of the ITAT was essentially on the interpretation and applicability of Section 44BBA of the Act. After discussing the decisions of the Supreme Court in Union of India v. A. San…

Director of Income Tax vs. Royal Jordanian Airlines

The appeals are disposed of and the writ petitions are allowed in the

…44BBA of the Act did not entitle RJA to claim deductions of any other expenditure or a lower rate of profit even if it had maintained books of accounts. It was further observed that the decision of the Supreme Court in CIT v. Hyundai Heavy Industries Ltd. 291 ITR 482 would not apply to the facts of the case since the said decision was not rendered in the context of Section 44BBA of the Act. 29. The order dated 29th August 2008 of the ITAT was essentially on the interpretation and applicability of Section 44BBA of the Act. After discussing the decisions of the Supreme Court in Union of India v. A. San…

Director of Income Tax vs. Royal Jordanian Airlines

The appeals are disposed of and the writ petitions are allowed in the

…44BBA of the Act did not entitle RJA to claim deductions of any other expenditure or a lower rate of profit even if it had maintained books of accounts. It was further observed that the decision of the Supreme Court in CIT v. Hyundai Heavy Industries Ltd. 291 ITR 482 would not apply to the facts of the case since the said decision was not rendered in the context of Section 44BBA of the Act. 29. The order dated 29th August 2008 of the ITAT was essentially on the interpretation and applicability of Section 44BBA of the Act. After discussing the decisions of the Supreme Court in Union of India v. A. San…

Director of Income Tax vs. Royal Jordanian Airlines

The appeals are disposed of and the writ petitions are allowed in the

…44BBA of the Act did not entitle RJA to claim deductions of any other expenditure or a lower rate of profit even if it had maintained books of accounts. It was further observed that the decision of the Supreme Court in CIT v. Hyundai Heavy Industries Ltd. 291 ITR 482 would not apply to the facts of the case since the said decision was not rendered in the context of Section 44BBA of the Act. 29. The order dated 29th August 2008 of the ITAT was essentially on the interpretation and applicability of Section 44BBA of the Act. After discussing the decisions of the Supreme Court in Union of India v. A. San…

Nokia Networks Oy vs. Asst. Director of Income Tax

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…(1) (i) of the Act, which makes the income taxable in India to the extent it arises in India. 21. It will also be pertinent to refer to the judgment of the Supreme Court in Commissioner of Income Tax, Meerut and Anr.Vs. Hyundai Heavy Industries Co. Ltd.291 ITR 482 wherein the Court held:- “7. A short question which needs to be answered in the present case is what are the profits reasonably attributable to the assessee's PE in India. In order to answer the above question we are required to analyse the scheme of the Act. Under Section 4 of the Act it is the total income of every "person" which is taxab…

Nokia Networks Oy vs. Asstt. Director of Income Tax

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…(1) (i) of the Act, which makes the income taxable in India to the extent it arises in India. 21. It will also be pertinent to refer to the judgment of the Supreme Court in Commissioner of Income Tax, Meerut and Anr.Vs. Hyundai Heavy Industries Co. Ltd.291 ITR 482 wherein the Court held:- “7. A short question which needs to be answered in the present case is what are the profits reasonably attributable to the assessee's PE in India. In order to answer the above question we are required to analyse the scheme of the Act. Under Section 4 of the Act it is the total income of every "person" which is taxab…

Director of Income Tax vs. Uop Lic, New Delhi

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…(1) (i) of the Act, which makes the income taxable in India to the extent it arises in India. 21. It will also be pertinent to refer to the judgment of the Supreme Court in Commissioner of Income Tax, Meerut and Anr.Vs. Hyundai Heavy Industries Co. Ltd.291 ITR 482 wherein the Court held:- “7. A short question which needs to be answered in the present case is what are the profits reasonably attributable to the assessee's PE in India. In order to answer the above question we are required to analyse the scheme of the Act. Under Section 4 of the Act it is the total income of every "person" which is taxab…