Maritime Vanguard Pte Ltd, Mumbai vs. ACIT (It)-3(2)(1), Mumbai
In the result, the appeal filed by the assessee is allowed for statistical purposes
ITA 6642/MUM/2018[2015-16]Status: DisposedITAT Mumbai20 Dec 2019AY 2015-16
Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2015-16 Maritime Vanguard Pte Ltd. Assistant Commissioner Of C/O Srbc & Associates, Llp, Vs. Income Tax (International 14Th Floor, The Ruby, 29 Taxation) Circle-3(2)(1), 16Th Senapatibapat Marg, Dadar, Floor, Room No. 1607, Air (West), Mumbai-400028. India Building Nariman Point, Mumbai-400021. Pan No. Aajcm3609F Appellant Respondent
For Appellant: Mr. M.P. Lohia, ARFor Respondent: Ms. Abha Kala Chanda, CIT-DR &
Section 143(3)Section 234BSection 271(1)(c)Section 44BSection 9(1)(vi)
…payments received in lieu of the same should not be taxable as royalty. Similarly, reliance is placed by him on the decision in Dell International Services India Private Maritime Vanguard Pte Ltd. 9 Limited 305 ITR 37 (AAR), Technip Singapore Limited v. DIT (385 ITR 408), Van Oord Dredging and Marine Contractors BV v. ADIT (7589 Mumbai 2012). Thus it is stated by him that the revenues of the assessee can only be taxed u/s 44BB of the Act. However, the revenue were not to be chargeable in India in view of beneficial provision of DTAA. Elaborating further, it is stated by him that the assessee has provided service…
