DIT v. NGC Network Asia LLC

313 ITR 187High Court2009#701 most cited

What is DIT v. NGC Network Asia LLC authority for?

Where a duty is cast on the payer to deduct and pay tax at source under Section 195, the payee-assessee cannot be levied interest under Section 234B for failure to pay advance tax if the payer defaults on its TDS obligation. This principle may also extend to interest under Section 234C.

144

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2011 to 2025.

Also referred to as

DIT v. NGC Network Asia LLC · 313 ITR 187 · Section 234B interest · Section 195 TDS · advance tax liability payee · payer failure TDS · non-resident advance tax · payee not liable for interest u/s 234B · withholding tax default interest · advance tax interest on payee

Sections most often in play

Section 234BSection 147Section 154Section 195Section 234CSection 143(1)Section 143(3)Section 148

Issues it is cited on

section 91mistake apparent from recordinterest u/s 234badvance taxsection 195section 234bnon-residentsection 234section 44section 23indiatotal income

Judgments citing DIT v. NGC Network Asia LLC

DDIT, New Delhi vs. M/S. Sumitomo Corporation, New Delhi

Appeal are allowed

ITA 3695/DEL/2014[2001-02]Status: DisposedITAT Delhi01 Jul 2019AY 2001-02

Bench: Shri G. D. Agrawal & Ms Suchitra Kamble

Section 234B

…DIT vs. GE Packaged Power Inc. (ITA No. 352/2014 to 402/2014) wherein it has been held that the position of law laid down in Jacobs is correct and is not diluted and hence, the liability of the payer is absolute. • In the case of DIT vs. NGC Network Asia LLC (313 ITR 187), the Hon’ble Bombay High Court held that the assessee was a non-resident company and its entire income chargeable to tax in India was subject to TDS under Section 195 of the Act. Therefore, no interest under section 234B of the Act could be charged even if the payer had not deducted tax at source. • In CIT vs. Madras Fertilizers Ltd. (149 ITR 70…

Sumitomo Corporation, Delhi vs. DDIT, New Delhi

Appeal are allowed

ITA 3677/DEL/2014[2003-04]Status: DisposedITAT Delhi01 Jul 2019AY 2003-04

Bench: Shri G. D. Agrawal & Ms Suchitra Kamble

Section 234B

…DIT vs. GE Packaged Power Inc. (ITA No. 352/2014 to 402/2014) wherein it has been held that the position of law laid down in Jacobs is correct and is not diluted and hence, the liability of the payer is absolute. • In the case of DIT vs. NGC Network Asia LLC (313 ITR 187), the Hon’ble Bombay High Court held that the assessee was a non-resident company and its entire income chargeable to tax in India was subject to TDS under Section 195 of the Act. Therefore, no interest under section 234B of the Act could be charged even if the payer had not deducted tax at source. • In CIT vs. Madras Fertilizers Ltd. (149 ITR 70…

Sumitomo Corporation, Delhi vs. DDIT, New Delhi

Appeal are allowed

ITA 3676/DEL/2014[2002-03]Status: DisposedITAT Delhi01 Jul 2019AY 2002-03

Bench: Shri G. D. Agrawal & Ms Suchitra Kamble

Section 234B

…DIT vs. GE Packaged Power Inc. (ITA No. 352/2014 to 402/2014) wherein it has been held that the position of law laid down in Jacobs is correct and is not diluted and hence, the liability of the payer is absolute. • In the case of DIT vs. NGC Network Asia LLC (313 ITR 187), the Hon’ble Bombay High Court held that the assessee was a non-resident company and its entire income chargeable to tax in India was subject to TDS under Section 195 of the Act. Therefore, no interest under section 234B of the Act could be charged even if the payer had not deducted tax at source. • In CIT vs. Madras Fertilizers Ltd. (149 ITR 70…

Sumitomo Corporation, New Delhi vs. DDIT, New Delhi

Appeal are allowed

ITA 3675/DEL/2014[2001-02]Status: DisposedITAT Delhi01 Jul 2019AY 2001-02

Bench: Shri G. D. Agrawal & Ms Suchitra Kamble

Section 234B

…DIT vs. GE Packaged Power Inc. (ITA No. 352/2014 to 402/2014) wherein it has been held that the position of law laid down in Jacobs is correct and is not diluted and hence, the liability of the payer is absolute. • In the case of DIT vs. NGC Network Asia LLC (313 ITR 187), the Hon’ble Bombay High Court held that the assessee was a non-resident company and its entire income chargeable to tax in India was subject to TDS under Section 195 of the Act. Therefore, no interest under section 234B of the Act could be charged even if the payer had not deducted tax at source. • In CIT vs. Madras Fertilizers Ltd. (149 ITR 70…

Img Media Ltd, Mumbai vs. DCIT (It)2(2)(1), Mumbai

In the result the grounds of appeal raised by

ITA 7163/MUM/2018[2015-16]Status: DisposedITAT Mumbai12 Jun 2019AY 2015-16

Bench: Shri G. S. Pannu, Vp & Shri Pawan Singh, Jm

For Appellant: Shri Aliasgar RampurwalaFor Respondent: Shri V. Sreekar (DR)
Section 143(3)Section 144C(1)Section 194CSection 9(1)(vii)

…of the Act. So far as the ground relates to existence of ‘Permanent Establishment’ the ground was restored to the AO for afresh adjudication with the direction to consider the decision of jurisdiction High Court in the case of DIT Vs. NGC Network Asia LLC (313 ITR 187). The Ld. AR submits that the same decision was the order of Tribunal for A.Y. 2010-11 was followed in A.Y. 2009-10 and again in A.Ys. 2011-12 and 2012-13. The Ld. AR of 9 A.Y.2015-16 the assessee further submits that the DRP made allocation of the Ad-hoc basis in 75:25 ratios. The Ld. AR in alternative submission that the matter may be restore…

Raskspace Us Inc, Mumbai vs. DCIT (It) 4(1)(1), Mumbai

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

ITA 3507/MUM/2017[2014-15]Status: DisposedITAT Mumbai29 May 2019AY 2014-15

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

For Appellant: S/Shri PJ PardiwalaFor Respondent: S/Shri Kumar Sanjay, CIT DR &
Section 143(3)Section 144C(5)Section 9Section 9(1)(vi)

…/2017 234B of the Act can be imposed on the payee assessee.” 20. At the outset, the learned Counsel for the assessee stated that the issue is squarely covered by the decision of Hon’ble Bombay High court in the case of DIT(IT) vs. Ngc Network Asia LLC [2009] 313 ITR 187 (Bombay), wherein it is held that when a duty is cast on payer to deduct and pay the tax at source, on payer's failure to do so interest under section 234B of the Act cannot 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. Sed…

Rackspace, Us Inc., Mumbai vs. DCIT (It) 4(1)(1), Mumbai

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

ITA 1075/MUM/2017[2013-14]Status: DisposedITAT Mumbai29 May 2019AY 2013-14

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

For Appellant: S/Shri PJ PardiwalaFor Respondent: S/Shri Kumar Sanjay, CIT DR &
Section 143(3)Section 144C(5)Section 9Section 9(1)(vi)

…/2017 234B of the Act can be imposed on the payee assessee.” 20. At the outset, the learned Counsel for the assessee stated that the issue is squarely covered by the decision of Hon’ble Bombay High court in the case of DIT(IT) vs. Ngc Network Asia LLC [2009] 313 ITR 187 (Bombay), wherein it is held that when a duty is cast on payer to deduct and pay the tax at source, on payer's failure to do so interest under section 234B of the Act cannot 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. Sed…

Rackspace, Us Inc, Mumbai vs. DCIT (It) 4(1)(1), Mumbai

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

ITA 1634/MUM/2016[2012-13]Status: DisposedITAT Mumbai29 May 2019AY 2012-13

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

For Appellant: S/Shri PJ PardiwalaFor Respondent: S/Shri Kumar Sanjay, CIT DR &
Section 143(3)Section 144C(5)Section 9Section 9(1)(vi)

…/2017 234B of the Act can be imposed on the payee assessee.” 20. At the outset, the learned Counsel for the assessee stated that the issue is squarely covered by the decision of Hon’ble Bombay High court in the case of DIT(IT) vs. Ngc Network Asia LLC [2009] 313 ITR 187 (Bombay), wherein it is held that when a duty is cast on payer to deduct and pay the tax at source, on payer's failure to do so interest under section 234B of the Act cannot 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. Sed…

Cascade Holdings P.Ltd, Mumbai vs. ACIT Cen Cir 4(3), Mumbai

In the result, both the appeals filed by the assessee for assessment years

ITA 937/MUM/2017[2003-04]Status: DisposedITAT Mumbai04 Apr 2019AY 2003-04

Bench: Shri Rajesh Kumar (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2003-2004 M/S Cascade Holdings Pvt. Ltd., The Acit- Central Circle 4(3), 32, Madhuli, 3Rd Floor, R. No. 413, Aaykar Bhavan, Dr. Annie Besant Road, Worli, M.K. Road, Mumbai - 400018 Vs. Mumbai - 400020 Pan: Aaacc5768N (Appellant) (Respondent) & Assessment Year: 2011-2012 M/S Cascade Holdings Pvt. Ltd., The Assistant Commissioner Of 32, Madhuli, 3Rd Floor, Income Tax, Dr. Annie Besant Road, Worli, Central Circle – 31, Mumbai - 400018 Vs. R. No. 413, Aaykar Bhavan, Pan: Aaacc5768N Mumbai - 400020 (Appellant) (Respondent)

For Appellant: Shri Dharmesh Shah/For Respondent: Dr. P. Daniel (DR)
Section 142Section 143Section 144Section 234ASection 234B

…t 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)], SedcoFores 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. Assessment Years: 2003-2004 and 2011-12 3.1.We have heard the rival submissions and perused the material before us. We find that in the case of Devine Holdi…

Assistant Commissioner of Income Tax, (It-4(1)(1), Mumbai vs. Reliance Globalcom Limited, Bermuda, Mumbai

In the result, appeal of the assessee is partly allowed and appeal of the revenue is dismissed

ITA 5881/MUM/2017[2013-14]Status: DisposedITAT Mumbai27 Mar 2019AY 2013-14

Bench: Shri M.Balaganesh, Am & Shri Ravish Sood, Jm Assistant Commissioner Of Vs. M/S. Reliance Globalcom Ltd., Income Tax (It)-4 (1)(1), Bermuda C/O. Jitendra Mumbai, Room No.1712, Sanghavi & Co., 17Th Floor, Air India Building, 706A, Moti Mahal Nariman Point, Mumbai – 195J, Tata Road 400 021 Churchgate, Mumbai – 400 020 Pan/Gir No. Aaacf4015D (Appellant) .. (Respondent) M/S. Reliance Globalcom Vs. Assistant Commissioner Of Income Ltd., Tax (It)-4 (1)(1), Mumbai, Room No.1712, 17Th Floor, Bermuda C/O. Jitendra Sanghavi & Co., Air India Building, 706A, Moti Mahal Nariman Point, Mumbai – 400 021 195J, Tata Road Churchgate, Mumbai – 400 020 Pan/Gir No. Aaacf4015D (Appellant) .. (Respondent) Revenue By Shri Nishant Samaiya Assessee By Shri Jitendra Sanghavi Date Of Hearing 14/03/2019 Date Of Pronouncement 27/03/2019 आदेश / O R D E R Per M. Balaganesh (A.M): These Cross Appeals Filed By Assessee & Revenue Are Directed Against The Order Of Commissioner Of Income Tax (Appeals)-58, Mumbai M/S. Reliance Globalcom Ltd., Bermuda [Hereinafter Referred To As The Ld Cita], Dated 19/06/2017 For A.Y.2013- 14 In The Matter Of Order Passed U/S.143(3) R.W.S. 144C(13) Of The Income Tax Act. These Cross Appeals Are Taken Up Together & Disposed Off By This Common Order For The Sake Of Convenience.

Section 133(6)Section 143(3)Section 9(1)(vii)

…other only issue is with regard to the charging of interest u/s 234B of the Act. On this aspect, the learned representative pointed out that it is a settled proposition in terms of the judgment of Hon'ble Bombay High Court in the case of NGC Network Asia LLC, 313 ITR 187 (Bom.) that there would be no chargeability of interest u/s 234B of the Act as the receipts on account of standby maintenance charges from TCL are subjected to withholding tax u/s 195 of the Act. On this aspect, it was also a common point between the parties that the said proposition has also been affirmed by the Tribunal in assessee‟s own case i…

Velvet Holdings P.Ltd, Mumbai vs. ACIT Cen Cir 31 Cen RG -7, Mumbai

In the result, appeal of assessee is allowed for statistical purpose

ITA 1216/MUM/2017[2011-12]Status: DisposedITAT Mumbai15 Oct 2018AY 2011-12

Bench: Shri G.S. Pannu, Am & Shri Pawan Singh, Jm

Section 115JSection 143Section 143(3)Section 234ASection 234B

…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 Pvt. Ltd. Hon'ble Bombay High Court…

Dimension Data Asia Pacific Pte. Ltd, Mumbai vs. DCIT (It) 2(1)(2), Mumbai

In the result, both the appeals of assessee are partly allowed for statistical purposes

ITA 1636/MUM/2017[2013-14]Status: DisposedITAT Mumbai12 Oct 2018AY 2013-14

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am

For Appellant: Shri Sunil Motilala, ARFor Respondent: Shri Samuel Darse, DR
Section 143(3)Section 144C(13)

…sessee for the reason that the payer has to deduct tax at source under section 195 of the Act at the time of payment. This issue is covered by the decision of Hon’ble Bombay High Court in the case of DIT (International Taxation) v. NGC Network Asia LLC (2009) 313 ITR 187 (Bom.). Hence, while computing tax on income the AO will not charge interest under section 234 B of the Act. We direct the AO accordingly. 18. In the result, both the appeals of assessee are partly allowed for statistical purposes. Order pronounced in the open court on 12-10-2018. AadoSa kI GaaoYaNaa Kulao mao idnaMk 12-10-2018 kao kI ga[- . (म…

Dimension Data Asia Pacific Pte. Ltd, Mumbai vs. DCIT (It) 2(1)(2), Mumbai

In the result, both the appeals of assessee are partly allowed for statistical purposes

ITA 1635/MUM/2017[2012-13]Status: DisposedITAT Mumbai12 Oct 2018AY 2012-13

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am

For Appellant: Shri Sunil Motilala, ARFor Respondent: Shri Samuel Darse, DR
Section 143(3)Section 144C(13)

…sessee for the reason that the payer has to deduct tax at source under section 195 of the Act at the time of payment. This issue is covered by the decision of Hon’ble Bombay High Court in the case of DIT (International Taxation) v. NGC Network Asia LLC (2009) 313 ITR 187 (Bom.). Hence, while computing tax on income the AO will not charge interest under section 234 B of the Act. We direct the AO accordingly. 18. In the result, both the appeals of assessee are partly allowed for statistical purposes. Order pronounced in the open court on 12-10-2018. AadoSa kI GaaoYaNaa Kulao mao idnaMk 12-10-2018 kao kI ga[- . (म…

M/S. Satelite Television Asian Region Ltd., Mumbai vs. DDIT (Int. I.T) 2(1), Mumbai

In the result, all the appeals by the assessee and the Revenue are partly

ITA 6604/MUM/2004[2001-2002]Status: DisposedITAT Mumbai05 Oct 2018AY 2001-2002

Bench: Shri Shamim Yahya, Am & Shri Ram Lal Negi, Jm

Section 195Section 197Section 40Section 9Section 9(1)(i)

…AT in Respondents own case in 234C of the Act departmental appeal for AY 2001-02 (Copy Attached as Annexure 3) - Mumbai ITAT in Respondents own case for AY 2007-08 and. AY 2008-09 Sr no 1 and 2 of legal paper book) - Bombay HC in case of NGC Network Asia LLC (313 ITR 187)(Sr.No.41 of the paper book. 18. Per contra, learned DR relied upon the orders of the CIT(A) and the Assessing Officer. 19. We have carefully considered the submissions and perused the records. The first common issue raised in assessee appeals related to disallowance of payment made to channel companies. In this connection it is the plea of the…

Late Shri Harshad S.Mehta, Mumbai vs. Asst CIT Cen Cir 4(1), Mumbai

The appeal of the assessee is allowed for statistical purposes

ITA 1844/MUM/2017[2012-13]Status: DisposedITAT Mumbai26 Sept 2018AY 2012-13

Bench: Shri Manoj Kumar Aggarwal,Am & Shri Ravish Sood, Jm

For Appellant: Shri. Dharmesh Shah, A.RFor Respondent: Shri. Dr. P. Daniel, D.R
Section 139Section 143(3)Section 144Section 147Section 148Section 234ASection 234B

…ITA NO(s). 1844/Mum/2017 & 1845/Mum/2017 1 Late Shri. Harshad S. Mehta through L/H Smt. Jyoti H. Mehta Vs. ACIT, Central Circle-4(1), Mumbai and Harshad S .Mehta through L/H Smt. Jyoti H. Mehta Vs. DCIT, Central Circle-4(1), Mumbai. IN THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH, MUMBAI BEFORE SHRI MANOJ KUMAR AGGARWAL,AM AND SHRI RAVISH SOOD, JM ITA No(s). 1844 & 1845/Mum/2017 (निर्धारण वषा / Assessment Year:2012-13 & 2013-14) Late Shri. Harshad S. Mehta ACIT, Central Circle-4(1), through L/H/ Smt. Jyoti H. Mumbai-400 021. बिधम/ Mehta, 32 Madhuli, Dr. Annie Vs. Besant Road, Opp. Nehru Centre, Worli, Mumbai 400 0…

Hsbc Bank (Mauritius) Ltd, Mumbai vs. DCIT (It) 2(2)(2), Mumbai

In the result, the assessee’s appeal stands allowed and the Revenue’s cross

ITA 1086/MUM/2018[2009-10]Status: DisposedITAT Mumbai30 Aug 2018AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm

For Respondent: Shri Samuel Darse
Section 207Section 209Section 23Section 234BSection 271

…IN THE INCOME TAX APPELLATE TRIBUNAL “L” BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI SANDEEP GOSAIN, JM I.T.A. Nos. 1086 & 1087/Mum/2018 (Assessment Years: 2009-10 & 2010-11) HSBC Bank (Mauritius) Ltd. DCIT(IT)-2(2)(2) 6th Floor, HSBC Centre, 16th Floor, R. No. 1606, AIR India Vs. 18, Cybercity, Ebence-72201, Bldg., Nariman Point, Mauritius Mumbai-400 021 PAN/GIR No. AABCH 9075 N (Assessee) (Revenue) : & C.O. Nos. 92 & 93/Mum/2018 (Arising out of ITA Nos. 1086 & 1087/Mum/2018) (Assessment Years: 2009-10 & 2010-11) DCIT(IT)-2(2)(2) HSBC Bank (Mauritius) Ltd. 16th Floor, R. No. 1606, AIR India 6th Floor, HS…

Linklaters LLP, Mumbai vs. DCIT (It) 3(1)(2), Mumbai

In the result, assessee’s appeal is partly allowed

ITA 1540/MUM/2016[2012-13]Status: DisposedITAT Mumbai29 Aug 2018AY 2012-13

Bench: Shri Saktijit Dey & Shri N.K Pradhanlinklaters Llp C/O Deloitte Haskins & Sells Llp Tower–3, 27–32 Floor, Indiabulls Finance Centre, Elphinstone ……………. Appellant Mill Compound, Senapati Bapat Marg Elphinstone (West), Mumbai 400 013 Pan – Aabcl5182G V/S Dy. Commissioner Of Income Tax (I.T) ……………. Respondent Circle–3(1)(2), Mumbai Assessee By : Shri S.E. Dastur A/W Shri Niraj Sheth Revenue By : Shri Samuel Darse

For Appellant: Shri S.E. Dastur a/wFor Respondent: Shri Samuel Darse
Section 143(3)Section 9(1)(vii)Section 90(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL “L” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI N.K PRADHAN, ACCOUNTANT MEMBER Linklaters LLP C/o Deloitte Haskins & Sells LLP Tower–3, 27–32 Floor, Indiabulls Finance Centre, Elphinstone ……………. Appellant Mill Compound, Senapati Bapat Marg Elphinstone (West), Mumbai 400 013 PAN – AABCL5182G v/s Dy. Commissioner of Income Tax (I.T) ……………. Respondent Circle–3(1)(2), Mumbai Assessee by : Shri S.E. Dastur a/w Shri Niraj Sheth Revenue by : Shri Samuel Darse Date of Hearing – 04.06.2018 Date of Order – 29.08.2018 O R D E R PER SAKTIJIT DEY, J.M. Aforesaid a…

Reuters Transaction Services Ltd., Mumbai vs. DCIT (Internatioal Taxation) - 4(1)(1), Mumbai

In the result, the appeals filed by Revenue as well as the assessee are dismissed

ITA 2219/MUM/2016[2012-13]Status: DisposedITAT Mumbai03 Aug 2018AY 2012-13

Bench: Shri Mahavir Singh & Shri G. Manjunathadcit (It) - 4(1)(1) M/S. Reuters Transaction Room No. 120, Scindia House Services Ltd. Ballard Pier, N.M. Road C/O. Bmr & Associates Vs. Mumbai 400038 Bmr House, 36-B Dr. R.K. Shirodkar Marg Parel, Mumbai 400012 Pan – Aaccr0226Q Appellant Respondent M/S. Reuters Transaction Dcit (It) - 4(1)(1) Services Ltd. Room No. 120, Scindia House C/O. Bmr & Associates Ballard Pier, N.M. Road Vs. Bmr House, 36-B Mumbai 400038 Dr. R.K. Shirodkar Marg Parel, Mumbai 400012 Pan – Aaccr0226Q Appellant Respondent

For Appellant: Shri P.J. Pardiwala &For Respondent: Shri Samual Darse
Section 115ASection 143(3)Section 144C(1)Section 144C(3)Section 209(1)(d)Section 234BSection 90(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL "L" Bench, Mumbai Before Shri Mahavir Singh, Judicial Member and Shri G. Manjunatha, Accountant Member DCIT (IT) - 4(1)(1) M/s. Reuters Transaction Room No. 120, Scindia House Services Ltd. Ballard Pier, N.M. Road C/o. BMR & Associates Vs. Mumbai 400038 BMR House, 36-B Dr. R.K. Shirodkar Marg Parel, Mumbai 400012 PAN – AACCR0226Q Appellant Respondent M/s. Reuters Transaction DCIT (IT) - 4(1)(1) Services Ltd. Room No. 120, Scindia House C/o. BMR & Associates Ballard Pier, N.M. Road Vs. BMR House, 36-B Mumbai 400038 Dr. R.K. Shirodkar Marg Parel, Mumbai 400012 PAN – AACCR0226Q…

DCIT (It) 4(1)(1), Mumbai vs. Reuters Transaction Services Ltd, Mumbai

In the result, the appeals filed by Revenue as well as the assessee are dismissed

ITA 1393/MUM/2016[2012-13]Status: DisposedITAT Mumbai03 Aug 2018AY 2012-13

Bench: Shri Mahavir Singh & Shri G. Manjunathadcit (It) - 4(1)(1) M/S. Reuters Transaction Room No. 120, Scindia House Services Ltd. Ballard Pier, N.M. Road C/O. Bmr & Associates Vs. Mumbai 400038 Bmr House, 36-B Dr. R.K. Shirodkar Marg Parel, Mumbai 400012 Pan – Aaccr0226Q Appellant Respondent M/S. Reuters Transaction Dcit (It) - 4(1)(1) Services Ltd. Room No. 120, Scindia House C/O. Bmr & Associates Ballard Pier, N.M. Road Vs. Bmr House, 36-B Mumbai 400038 Dr. R.K. Shirodkar Marg Parel, Mumbai 400012 Pan – Aaccr0226Q Appellant Respondent

For Appellant: Shri P.J. Pardiwala &For Respondent: Shri Samual Darse
Section 115ASection 143(3)Section 144C(1)Section 144C(3)Section 209(1)(d)Section 234BSection 90(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL "L" Bench, Mumbai Before Shri Mahavir Singh, Judicial Member and Shri G. Manjunatha, Accountant Member DCIT (IT) - 4(1)(1) M/s. Reuters Transaction Room No. 120, Scindia House Services Ltd. Ballard Pier, N.M. Road C/o. BMR & Associates Vs. Mumbai 400038 BMR House, 36-B Dr. R.K. Shirodkar Marg Parel, Mumbai 400012 PAN – AACCR0226Q Appellant Respondent M/s. Reuters Transaction DCIT (IT) - 4(1)(1) Services Ltd. Room No. 120, Scindia House C/o. BMR & Associates Ballard Pier, N.M. Road Vs. BMR House, 36-B Mumbai 400038 Dr. R.K. Shirodkar Marg Parel, Mumbai 400012 PAN – AACCR0226Q…

Growmore Exports Ltd, Mumbai vs. Asst CIT Cen Cir 31 Cen RG 7, Mumbai

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

ITA 1220/MUM/2017[2011-12]Status: DisposedITAT Mumbai06 Jul 2018AY 2011-12

Bench: S/Shri B.R.Baskaran (Am) & Amarjit Singh (Jm)

Section 139(5)Section 57

…unt 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 3.1. We have heard the rival submissions and perused the material before us. We find that in the case of Devine Holdings Pvt. Ltd. Hon’ble Bombay High Court has held that provisions of section…