Continental Construction Ltd. v. CIT

Renaissance Services Bv, Mumbai vs. DCIT (International Tax) 4(1) (1), Mumbai

In the result, appeal filed by assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyalrenaissance Services Bv, C/O Marriott Hotels India Pvt. Ltd. 303A, 304, Fulcrum, B-Wing, Hiranandani Business Park, Sahar Road, Andheri (East), Mumbai-400099 Pan: Aaecr4995E ...... Appellant Vs. Dcit (International Taxation)-4(1)(1), 17Th Floor, Room No. 1712, Air India Building, Nariman Point, Mumbai-400021 ..... Respondent

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “I”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI GAGAN GOYAL, ACCOUNTANT MEMBER Renaissance Services BV, C/o Marriott Hotels India Pvt. Ltd. 303A, 304, Fulcrum, B-Wing, Hiranandani Business Park, Sahar Road, Andheri (East), Mumbai-400099 PAN: AAECR4995E ...... Appellant Vs. DCIT (International Taxation)-4(1)(1), 17th Floor, Room No. 1712, Air India Building, Nariman Point, Mumbai-400021 ..... Respondent ITA No. 2360/Mum/2021 (A.Y. 2017-18) DCIT (International Taxation)-4(1)(1), 17th Floor, Room No. 1712, Air India Building, Nariman Point, Mumbai-40…

Ntt Asia Pacific Holdings Pte. Ltd., Mumbai vs. The Asstt. CIT (International Taxation)-2(1)(2), Mumbai

In the result, the appeal is allowed in the terms indicated above

…erein the AAR has laid down broad principles for a receipt to be treated as FTS, and has sought to dispel the notion that technical services can only be construed in a strict, narrow sense. Further, in the cases of Continental Construction Ltd. vs. CIT (1992) 195 ITR 81 at 117 (SC) and CBDT vs. Oberoi Hotels (India) (P) Ltd. (1998) 231 ITR 148 (SC), the Supreme Court has held that the term "technical services' included professional services. In the present case, a host of professional and management services, including technological and consultation inputs through training to guide the executives for taking decis…

DCIT (It) -4(1) (1), Mumbai vs. Renaissance Services Bv, Mumbai

1758/Mum/2021 2013-14

…sional services‟. Still further, we find that the A.O also had relied on certain judgments/orders,viz. (i). Intertek Testing Services (2008) 307 ITR 418 (AAR); (ii). G.V.K Industries (1997) 228 ITR 564 (AP); (iii). Continental Construction Ltd. Vs. CIT (1992) 195 ITR 81 (SC); (iv). CBDT Vs. Oberoi Hotels (India) Pvt. Ltd (1998) 231 ITR 148 (SC); and (v).Dean, Goa Medical College Vs. Dr. Sudhir Kumar Solanki (2001) 7 SCC 645, to support his view that „technical services‟ included” professional services‟. We find substantial force in the contention of the ld. A.R that in case training services rendered by the asses…

DCIT (It) -4 (1) (1), Mumbai vs. Renaissance Services Bv, Mumbai

1758/Mum/2021 2013-14

…sional services‟. Still further, we find that the A.O also had relied on certain judgments/orders,viz. (i). Intertek Testing Services (2008) 307 ITR 418 (AAR); (ii). G.V.K Industries (1997) 228 ITR 564 (AP); (iii). Continental Construction Ltd. Vs. CIT (1992) 195 ITR 81 (SC); (iv). CBDT Vs. Oberoi Hotels (India) Pvt. Ltd (1998) 231 ITR 148 (SC); and (v).Dean, Goa Medical College Vs. Dr. Sudhir Kumar Solanki (2001) 7 SCC 645, to support his view that „technical services‟ included” professional services‟. We find substantial force in the contention of the ld. A.R that in case training services rendered by the asses…

Renaissance Services Bv, Mumbai vs. ACIT (International Tax) 4(1) (1), Mumbai

1758/Mum/2021 2013-14

…sional services‟. Still further, we find that the A.O also had relied on certain judgments/orders,viz. (i). Intertek Testing Services (2008) 307 ITR 418 (AAR); (ii). G.V.K Industries (1997) 228 ITR 564 (AP); (iii). Continental Construction Ltd. Vs. CIT (1992) 195 ITR 81 (SC); (iv). CBDT Vs. Oberoi Hotels (India) Pvt. Ltd (1998) 231 ITR 148 (SC); and (v).Dean, Goa Medical College Vs. Dr. Sudhir Kumar Solanki (2001) 7 SCC 645, to support his view that „technical services‟ included” professional services‟. We find substantial force in the contention of the ld. A.R that in case training services rendered by the asses…

General Motors Overseas Corporation, Mumbai vs. Deputy Director of Income Tax (International Taxation) 3(1), Mumbai

In the result, the appeal of the assessee is partly allowed

Bench: Shri Laliet Kumar & Shri M. Balaganesha.Y : 2004-05 :

…Hotels was not only maintaining but also operating a hotel. Technical expertise was required for the same and the Hotel claimed deduction u/s 80-O of the Income Tax Act. The second case cited by CIT DR is of the Supreme Court in Continental Construction Ltd. 195 ITR 81. Therein again it was held by Supreme Court that the professional services were technical services in nature and the assessee was entitled to deduction under Chapter VIA of the Income Tax Act. The CIT-DR relied upon judgement of the Income Tax Appellate Tribunal in Tri-star Consultants 272 ITR [AT] 88 and stated that professional services were cov…

General Motors Overseas Corporation, Gurgaon vs. DDIT (It) 3(1), Mumbai

In the result, the appeal of the assessee is partly allowed

Bench: Shri Laliet Kumar & Shri M. Balaganesha.Y : 2004-05 :

…Hotels was not only maintaining but also operating a hotel. Technical expertise was required for the same and the Hotel claimed deduction u/s 80-O of the Income Tax Act. The second case cited by CIT DR is of the Supreme Court in Continental Construction Ltd. 195 ITR 81. Therein again it was held by Supreme Court that the professional services were technical services in nature and the assessee was entitled to deduction under Chapter VIA of the Income Tax Act. The CIT-DR relied upon judgement of the Income Tax Appellate Tribunal in Tri-star Consultants 272 ITR [AT] 88 and stated that professional services were cov…

General Motors Overseas Corporation, Gurgaon vs. DDIT (It) 3(1), Mumbai

In the result, the appeal of the assessee is partly allowed

Bench: Shri Laliet Kumar & Shri M. Balaganesha.Y : 2004-05 :

…Hotels was not only maintaining but also operating a hotel. Technical expertise was required for the same and the Hotel claimed deduction u/s 80-O of the Income Tax Act. The second case cited by CIT DR is of the Supreme Court in Continental Construction Ltd. 195 ITR 81. Therein again it was held by Supreme Court that the professional services were technical services in nature and the assessee was entitled to deduction under Chapter VIA of the Income Tax Act. The CIT-DR relied upon judgement of the Income Tax Appellate Tribunal in Tri-star Consultants 272 ITR [AT] 88 and stated that professional services were cov…

General Motors Overseas Corporation vs. ACIT (It) 3(1), Mumbai

In the result, the appeal of the assessee is partly allowed

Bench: Shri Laliet Kumar & Shri M. Balaganesha.Y : 2004-05 :

…Hotels was not only maintaining but also operating a hotel. Technical expertise was required for the same and the Hotel claimed deduction u/s 80-O of the Income Tax Act. The second case cited by CIT DR is of the Supreme Court in Continental Construction Ltd. 195 ITR 81. Therein again it was held by Supreme Court that the professional services were technical services in nature and the assessee was entitled to deduction under Chapter VIA of the Income Tax Act. The CIT-DR relied upon judgement of the Income Tax Appellate Tribunal in Tri-star Consultants 272 ITR [AT] 88 and stated that professional services were cov…

Imperial Consultants & Securities Ltd. (Formerly Known As Omperial Consultants & Securities Pvt. Ltd.), Mumbai vs. DCIT -6 (3)(1), Mumbai

In the result, appeal of the Revenue is dismissed

Bench: Shri A.D. Jain & Shri Rajesh Kumarm/S. Imperial Consultants & Dcit, Circle - 6(3)(1) Securities Ltd. Room No. 506, 5Th Floor (Formerly Imperial Consultants & Aayakar Bhavan, M.K. Road Securities P. Ltd) Vs. Mumbai 400020 Manickam Complex, Gr. Floor 1/3, General Paters Roadchennai 600002 Pan – Aaacg4413G Appellant Respondent Dcit, Circle - 6(3)(1) M/S. Imperial Consultants & Room No. 506, 5Th Floor Securities Ltd. Vs. Aayakar Bhavan, M.K. Road Essar House, 11, Kk Marg Mumbai 400020 Mahalaxmi, Mumbai 400034 Pan – Aaacg4413G Appellant Respondent

…n of the expenditure is 15 Imperial Consultants & Securities Ltd./DCIT, Circle - 6(3)(1) referable to the loan on which interest income is earned, which is chargeable to tax under s. 56.— Continental Construction Ltd. vs. CIT (1992) 101 CTR'-(SC) 386 : (1992) 195 ITR 81 (SC), U.K. (Investment) Co. (P) Ltd. vs. CIT (1994) 121 CTR (Guj) 470 : (1995) 211 ITR 511 (Guj) and India Cements Ltd. vs. CIT (1966) 60 ITR 52 (SC) relied on; Ms. Ila R. Ambani (ITA Nos. 4340 & 9341/Bom/90, dt. 30th Sept., 2004) and Srnt. Padmavati Jaiknshna vs. Addl CIT (1987) 62 CTR (SC) 14 : (1987) 166 ITR 176 (SC) distinguished; Mandideep En…

Renaissance Services Bv, Mumbai vs. DDIT (It) 2(1), Mumbai

In the result, both the appeal filed by assessee is allowed

Bench: Shri G.S. Pannu, Vice- & Shri Pawan Singh

…sional services’. Still further, we find that the A.O also had relied on certain judgments/orders,viz. (i). Intertek Testing Services (2008) 307 ITR 418 (AAR); (ii). G.V.K Industries (1997) 228 ITR 564 (AP); (iii). Continental Construction Ltd. Vs. CIT (1992) 195 ITR 81 (SC); (iv). CBDT Vs. Oberoi Hotels (India) Pvt. Ltd (1998) 231 ITR 148 (SC); and (v). Dean, Goa 7 ITA No. 5678 Mum 2016 & 764 Mum 2017-Renaissance Services BV Medical College Vs. Dr. Sudhir Kumar Solanki (2001) 7 SCC 645, to support his view that ‘technical services’ included ‘professional services’. We find substantial force in the contention…

Renaissance Services Bv, Mumbai vs. DDIT (It) 2(1), Mumbai

The appeal of the assessee is partly allowed in terms of our aforesaid observations

Bench: Shri G.S.Pannu, Am & Shri Ravish Sood, Jm Renaissance Services Bv The Deputy Director Of C/O Bmr & Associates Llp Income-Tax (International बिधम/ Bmr House, 36B Taxation)-2(1), 1St Floor 36B, Dr. R.K Shirodkar Marg, Room No. 120, Scindia Vs. Parel, Mumbai- 400 012 House, Ballard Estate Mumbai- 400 038 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aaecr4995E (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

…R further adverted to the reliance that was placed by the A.O on certain judicial pronouncements, viz. (i). Intertek Testing Services (2008) 307 ITR 418 (AAR); (ii). G.V.K Industries (1997) 228 ITR 564 (AP); (iii). Continental Construction Ltd. Vs. CIT (1992) 195 ITR 81 (SC); (iv). CBDT Vs. Oberoi Hotels (India) Pvt. Ltd (1998) 231 ITR 148 (SC); and (v). Dean, Goa Medical College Vs. Dr. Sudhir Kumar Solanki (2001) 7 SCC 645 to support his view that technical services included professional services. It was submitted by the ld. A.R that if the training services rendered by the assessee were to be considered as pro…

Vijay. V Meghani, Mumbai vs. ACIT Cir 23(3), Mumbai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri R.C. Sharma & Shri Ravish Sood

…t received by an assessee may be attributable to the services rendered by such assessee which are covered u/s. 80-0. In this connection, a reference may be made to the decision of .the Hon'ble Supreme Court in the case of Continental Construction Ltd. v. CIT, 195 ITR 81. In this case, the Supreme Court has explained the term "any similar payment" occurring in section 80-0. The relevant part of the ratio of this case may be reproduced below from the head-note: Shri Vijay V. Meghani "The true due to the interpretation of the expression "any similar payment" in section 80-O lies not in the preceding three words but…

Vijay V. Megahani, Mumbai vs. ACIT Cir 27(2), Mumbai

In the result, the assessee’s appeal for A

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain Shri Vijay V. Meghani Acit, Circle - 27(2) Flat No. 1, 1St Floor Aayakar Bhavan Vs. Atur Terraces; 19 Cuffe M.K. Road Parade, Mumbai 400005 Mumbai 400020 Pan – Aafpm4172N Appellant Respondent

…t received by an assessee may be attributable to the services rendered by such assessee which are covered u/s. 80-O. In this connection, a reference may be made to the decision of .the Hon'ble Supreme Court in the case of Continental Construction Ltd. v. CIT, 195 ITR 81. In this case, the Supreme Court has explained the term "any similar payment" occurring in section 80-0. The relevant part of the ratio of this case may be reproduced below from the head-note: "The true clue to the interpretation of the expression ''any similar payment" in section 80-0 lies not in the preceding three words but really in the second…