CIT v. Sedco Forex International Drilling Co. Ltd.

RACKSPACE US, INC.,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX(INTERNATIONAL TAXATION)-4(1)(1), MUMBAI

In the result, the appeal filed by the assessee is hereby ordered to be allowed

…not be imposed on payee assessee. Hon’ble High Court held as under: - “5. Under the provisions of the present Act, the issue had come for consideration in the case of CIT v. Sedco Forex International Drilling Co. Ltd. [2004] 186 CTR (Uttaranchal) 144 : [2003] 264 ITR 320 (Uttaranchal). One of the questions was, as to whether interest could be levied on the assessee under s. 234B of the Act in respect of tax Assessment year: 2011-12 Page 9 of 10 which was not liable to be deducted at source. A learned Bench of the Uttaranchal High Court, after considering the provisions, held as under: "Secondly, although s. 191…

RACKSPACE US, INC.,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX(INTERNATIONAL TAXATION)-4(1)(1), MUMBAI

In the result, the appeal filed by the assessee is hereby ordered to be allowed

…not be imposed on payee assessee. Hon’ble High Court held as under: - “5. Under the provisions of the present Act, the issue had come for consideration in the case of CIT v. Sedco Forex International Drilling Co. Ltd. [2004] 186 CTR (Uttaranchal) 144 : [2003] 264 ITR 320 (Uttaranchal). One of the questions was, as to whether interest could be levied on the assessee under s. 234B of the Act in respect of tax which was not liable to be deducted at source. A learned Bench of the Uttaranchal High Court, after considering the provisions, held as under: "Secondly, although s. 191 of the Act is not overridden by ss. 192…

SUDHIR S MEHTA,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE 4(1), MUMBAI

In the result, appeal filed by the assessee stands allowed

Bench: Shri C. N. Prasad, Hon'Ble

…ould be after considering the amount of tax deductible at source on the income assessed. The appellant relies in this regard on the following decisions. He relied upon the cases of Motorola inc. v. DCIT [95 ITD 269 (Del.) (SB)], Sedco Fores Drilling Co. Ltd. [264 ITR 320], NGC Network Asia LLC [313 ITR 187], Summit Bhatacharya [ 300 ITR (AT) 347 (Bom)(SB)], Vijal Gopal Jindal [ITA No. 4333/Del/2009] & Emillo Ruiz Berdejo [320 ITR 190 (Bom)]. DR relied upon the cases of Devine Holdings Pvt. Ltd. 3.1.We have heard the rival submissions and perused the material before us. We find that in the case of Devine Holdings…

HAPAG LLOYD AG ,MUMBAI vs. DCIT (IT) RANGE-2 (2) (2), MUMBAI

Appeal are disposed off in the same terms

Bench: Shri Pramod Kumar & Shri Ravish Soodita No. 218/Mum/2020 (Assessment Year: 2016-17)

…le to a non-resident assessee, by observing as under: “5. Under the provisions of the present Act, the issue had come for consideration in the case of CIT & Anr. vs. Sedco Forex International Drilling Co. Ltd. & Ors. (2004) 186 CTR (Uttaranchal) 144 : (2003) 264 ITR 320 (Uttaranchal). One of the questions was, as to whether interest could be levied on the assessee under s. 234B of the Act in respect of tax which was not liable to be deducted at source. A learned Bench of the Uttaranchal High Court, after considering the provisions, held as under : "Secondly, although s. 191 of the Act is not overridden by ss. 19…

DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) - 2(1)(1), MUMBAI vs. CITIBANK OVERSEAS INVESTMENT CORPORATION, MUMBAI

In the result, appeal of the assessee is partly allowed as indicated above, the appeal of the revenue and cross objection of the assessee are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Blecitibank Overseas Investment Corporation V. Dy. Cit (International Taxation) – 2(1)(1) C/O Deloitte Haskins & Sells Llp Room No. 1713, 17Th Floor 30 Floor, Tower 3 Air India Building India Bulls Finance Centre Nariman Point, Mumbai – 400 021 Senapati Bapat Marg Elphinstone Road (West) Mumbai – 400 013 Pan: Aabcc5333N (Appellant) (Respondent) Dy. Cit (International Taxation) – 2(1)(1) V. Citibank Overseas Investment Room No. 1713, 17Th Floor Corporation Air India Building C/O Deloitte Haskins & Sells Llp 30 Floor, Tower 3 Nariman Point, Mumbai – 400 021 India Bulls Finance Centre Senapati Bapat Marg Elphinstone Road (West) Mumbai – 400 013 Pan: Aabcc5333N (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “I”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, HON'BLE ACCOUNTANT MEMBER Citibank Overseas Investment Corporation v. Dy. CIT (International Taxation) – 2(1)(1) C/o Deloitte Haskins & Sells LLP Room No. 1713, 17th Floor 30 Floor, Tower 3 Air India Building India Bulls Finance Centre Nariman Point, Mumbai – 400 021 Senapati Bapat Marg Elphinstone Road (West) Mumbai – 400 013 PAN: AABCC5333N (Appellant) (Respondent) Dy. CIT (International Taxation) – 2(1)(1) v. Citibank Overseas Investment Room No. 1713, 17th Floor Corpora…

CITIBANK OVERSEAS INVESTMENT CORPORATION,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) - 2(1)(1), MUMBAI

In the result, appeal of the assessee is partly allowed as indicated above, the appeal of the revenue and cross objection of the assessee are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Blecitibank Overseas Investment Corporation V. Dy. Cit (International Taxation) – 2(1)(1) C/O Deloitte Haskins & Sells Llp Room No. 1713, 17Th Floor 30 Floor, Tower 3 Air India Building India Bulls Finance Centre Nariman Point, Mumbai – 400 021 Senapati Bapat Marg Elphinstone Road (West) Mumbai – 400 013 Pan: Aabcc5333N (Appellant) (Respondent) Dy. Cit (International Taxation) – 2(1)(1) V. Citibank Overseas Investment Room No. 1713, 17Th Floor Corporation Air India Building C/O Deloitte Haskins & Sells Llp 30 Floor, Tower 3 Nariman Point, Mumbai – 400 021 India Bulls Finance Centre Senapati Bapat Marg Elphinstone Road (West) Mumbai – 400 013 Pan: Aabcc5333N (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “I”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, HON'BLE ACCOUNTANT MEMBER Citibank Overseas Investment Corporation v. Dy. CIT (International Taxation) – 2(1)(1) C/o Deloitte Haskins & Sells LLP Room No. 1713, 17th Floor 30 Floor, Tower 3 Air India Building India Bulls Finance Centre Nariman Point, Mumbai – 400 021 Senapati Bapat Marg Elphinstone Road (West) Mumbai – 400 013 PAN: AABCC5333N (Appellant) (Respondent) Dy. CIT (International Taxation) – 2(1)(1) v. Citibank Overseas Investment Room No. 1713, 17th Floor Corpora…

RACKSPACE , US INC.,USA vs. DCIT (IT) -4(1)(1), MUMBAI

In the result, the appeal filed by the assessee is hereby ordered to be allowed

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T. A Nos.6195 & 4920/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2010-11 & 2015-16) Rackspace, Us Inc बिधम/ Dcit, (International 1 Fanatical Place, Winderest, Taxation)-4(1)(1), Mumbai Vs. Taxas, Usa Room No.1712, 17Th Floor, C/O Deloitte Haskins & Sells Air India Building, Nariman Llp, Indiabulls Finance Point, Mumbai-400021. Centre, Tower-3, 27Th- 32Nd Floor, Senapati Bapat Marg, Elphinstone Road (W), Mumbai-400013. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecr7201H (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Nitesh Joshi/Milin Thakore Revenue By: Ms. Neha Thakur (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 10/10/2019 घोषणा की तारीख /Date Of Pronouncement: 28/11/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Direction Of The Disputes Resolution Panel -2, Mumbai Dated 27.06.2018. The Assessment Was Framed By The Dcit (International Tax)- Circle 4(1)(1), Mumbai For The Relevant A.Ys. 2010-11 & 2015- 16 U/S 144C(6) R.W.S. 143(3) Of The I. T. Act. (Hereinafter ‘The Act’).

…IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE SHRI M. BALAGANESH, AM AND SHRI AMARJIT SINGH, JM आयकर अपील सं/ I.T. A Nos.6195 & 4920/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2010-11 & 2015-16) Rackspace, US Inc बिधम/ DCIT, (International 1 Fanatical Place, Winderest, Taxation)-4(1)(1), Mumbai Vs. Taxas, USA Room No.1712, 17th Floor, C/o Deloitte Haskins & Sells Air India Building, Nariman LLP, Indiabulls Finance Point, Mumbai-400021. Centre, Tower-3, 27th- 32nd Floor, Senapati Bapat Marg, Elphinstone Road (W), Mumbai-400013. स्थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAECR7201H (अपीलाथी /Appellan…

RASKSPACE US INC,MUMBAI vs. DCIT (IT) 4(1)(1), MUMBAI

In the result, these appeals of the assessee are allowed as indicated above

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

…ot be imposed on payee assessee. Hon’ble High Court held as under: - “5. Under the provisions of the present Act, the issue had come for consideration in the case of CIT v. Sedco Forex International Drilling Co. Ltd. [2004] 186 CTR (Uttaranchal) 144 : [2003] 264 ITR 320 (Uttaranchal). One of the questions was, as to whether interest could be levied on the assessee under s. 234B of the Act in respect of tax which was not liable to be deducted at source. A learned Bench of the Uttaranchal High Court, after considering the provisions, held as under : "Secondly, although s. 191 of the Act is not overridden by ss. 1…

RACKSPACE, US INC.,MUMBAI vs. DCIT (IT) 4(1)(1), MUMBAI

In the result, these appeals of the assessee are allowed as indicated above

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

…ot be imposed on payee assessee. Hon’ble High Court held as under: - “5. Under the provisions of the present Act, the issue had come for consideration in the case of CIT v. Sedco Forex International Drilling Co. Ltd. [2004] 186 CTR (Uttaranchal) 144 : [2003] 264 ITR 320 (Uttaranchal). One of the questions was, as to whether interest could be levied on the assessee under s. 234B of the Act in respect of tax which was not liable to be deducted at source. A learned Bench of the Uttaranchal High Court, after considering the provisions, held as under : "Secondly, although s. 191 of the Act is not overridden by ss. 1…

RACKSPACE, US INC,MUMBAI vs. DCIT (IT) 4(1)(1), MUMBAI

In the result, these appeals of the assessee are allowed as indicated above

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

…ot be imposed on payee assessee. Hon’ble High Court held as under: - “5. Under the provisions of the present Act, the issue had come for consideration in the case of CIT v. Sedco Forex International Drilling Co. Ltd. [2004] 186 CTR (Uttaranchal) 144 : [2003] 264 ITR 320 (Uttaranchal). One of the questions was, as to whether interest could be levied on the assessee under s. 234B of the Act in respect of tax which was not liable to be deducted at source. A learned Bench of the Uttaranchal High Court, after considering the provisions, held as under : "Secondly, although s. 191 of the Act is not overridden by ss. 1…