DIT v. NGC Network Asia LLC

Aatur Holding P.Ltd, Mumbai vs. DCIT Cen Cir 31, Mumbai

The appeal of the assessee is partly allowed

Bench: Shri G.S.Pannu & Shri Ravish Soodaatur Holdings Pvt. Ltd., 32, Madhuli, 3Rd Floor, A.B.Road, Worli, Mumbai 400 018 Pan: Aabca 1472C ...... Appellant Vs. The Dcit, Cen. Cir.31, Aaykar Bhavan,M.K.Road, Mumbai 400 020 .... Respondent

…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 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 h…

Atos Information Technology Hk Ltd., Mumbai vs. DCIT (Intl. Tax) Range 1(1)(2), Mumbai

…of interest u/s 234B of the Act, it is admitted that this issue is covered in favour of assessee in view of the decision of Hon'ble Bombay High Court in the 5 6436-38/M/16(09-10;10-11 &13-14) Atos Information Technology HK Ltd. case of NGC Network Asia LLC, 313 ITR 187 (Bom.). Accordingly, respectfully following the same we direct to delete the interest u/s 234B. Respectfully following the above, we direct the AO to delete interests levied under both the sections.Grounds no.6-7are allowed. 6.Ground no. 8 is admitted to be premature and accordingly, same is dismissed. ITA/6437/Mumbai/2016-AY. 2010-11: 7.Followin…

Pallavi Holdings P.Ltd, Mumbai vs. DCIT Cei Cir 31 Now DCIT CC 4(3), Mumbai

In the result, the assessee’s appeal for A

Bench: Shri Jason P. Boaz & Shri Ram Lal Negim/S. Pallavi Holdings P. Ltd. Dcit, Central Circle – 31 32, Madhuli, 3Rd Floor [Now Dcit, Cc-4(3)] Vs. A.B. Road, Worli Aayakar Bhavan, M.K. Road Mumbai 400018 Mumbai 400020 Pan – Aaacp8031H Appellant Respondent

…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)], Sedco Fores Drilling Co. Ltd. [264 ITR 320], NGC Network Asia LLC [313 ITR 187], Summit Bhatacharys [300 ITR (AI) 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 false of Devine Holdings Pvt. Ltd. Hon’ble Bombay High Court ha…

Apl Co. Pte Ltd., Mumbai vs. ADIT (Int'L Taxation)-1(1), Mumbai

In the result, appeal of assessee is partly allowed

Bench: Shri G.S. Pannu & Shri Amit Shukla: (A.Y : 2008-09) Apl Co. Pte Ltd. Vs Adit(It)-1(1), Mumbai C/O Apl India Pvt. Ltd., . (Respondent) 247, Park Hincon House, B- Wing, 8Th Floor, Lbs Marg, Vikhroli (W), Mumbai 400 083 (Appellant) Pan : Aaeca1501B

…regards the issue raised with regard to allowability of interest u/s 234B of the Act, it is admitted by both the parties that the issue is covered in favour of the assessee by the decision of the Jurisdictional High Court in the case of NGC Network Asia LLC, 313 ITR 187 (Bom.). Accordingly, in view of the admitted position, we hold that the assessee is not liable for levy of interest u/s 234B of the Act. 21. In the result, appeal of assessee is partly allowed. 50 APL Co. Pte. Ltd. Order pronounced in the open court on 16th February, 2017. (G.S. PANNU) JUDICIAL MEMBER Mumbai, Date: 16.2.2017 *SSL* Copy to : 1…

Atos Informaton Technology Hk Ltd, Mumbai vs. DCIT (It) 1(1)(2), Mumbai

In the result, appeal of assessee is allowed in the manner indicated above

Bench: Shri Amit Shukla & Shri Ashwani Taneja

…ons given by Tribunal in the stay petition. 24. Regarding chargeability of interest u/s 234B of the Act, it is admitted that this issue is covered in favour of assessee in view of the decision of Hon'ble Bombay High Court in the case of NGC Network Asia LLC, 313 ITR 187 (Bom.). Accordingly, respectfully following the same we direct to delete the interest u/s 234B. 25. Ground no. 4 is admitted to be premature and accordingly, same is dismissed. 26. In the result, appeal of assessee is allowed in the manner indicated above. Order pronounced in the open court on 9th February, 2017. (ASHWANI TANEJA) JUDICIAL MEMB…

Atos Informaton Technology Hk Ltd, Mumbai vs. DCIT (It) 1(1)(2), Mumbai

In the result, appeal of assessee is allowed in the manner indicated above

Bench: Shri Amit Shukla & Shri Ashwani Taneja

…ons given by Tribunal in the stay petition. 24. Regarding chargeability of interest u/s 234B of the Act, it is admitted that this issue is covered in favour of assessee in view of the decision of Hon'ble Bombay High Court in the case of NGC Network Asia LLC, 313 ITR 187 (Bom.). Accordingly, respectfully following the same we direct to delete the interest u/s 234B. 25. Ground no. 4 is admitted to be premature and accordingly, same is dismissed. 26. In the result, appeal of assessee is allowed in the manner indicated above. Order pronounced in the open court on 9th February, 2017. (ASHWANI TANEJA) JUDICIAL MEMB…

Atos Informaton Technology Hk Ltd, Mumbai vs. DCIT (It) 1(1)(2), Mumbai

In the result, appeal of assessee is allowed in the manner indicated above

Bench: Shri Amit Shukla & Shri Ashwani Taneja

…ons given by Tribunal in the stay petition. 24. Regarding chargeability of interest u/s 234B of the Act, it is admitted that this issue is covered in favour of assessee in view of the decision of Hon'ble Bombay High Court in the case of NGC Network Asia LLC, 313 ITR 187 (Bom.). Accordingly, respectfully following the same we direct to delete the interest u/s 234B. 25. Ground no. 4 is admitted to be premature and accordingly, same is dismissed. 26. In the result, appeal of assessee is allowed in the manner indicated above. Order pronounced in the open court on 9th February, 2017. (ASHWANI TANEJA) JUDICIAL MEMB…

Atos Informaton Technology Hk Ltd, Mumbai vs. DCIT (It) 1(1)(2), Mumbai

In the result, appeal of assessee is allowed in the manner indicated above

Bench: Shri Amit Shukla & Shri Ashwani Taneja

…ons given by Tribunal in the stay petition. 24. Regarding chargeability of interest u/s 234B of the Act, it is admitted that this issue is covered in favour of assessee in view of the decision of Hon'ble Bombay High Court in the case of NGC Network Asia LLC, 313 ITR 187 (Bom.). Accordingly, respectfully following the same we direct to delete the interest u/s 234B. 25. Ground no. 4 is admitted to be premature and accordingly, same is dismissed. 26. In the result, appeal of assessee is allowed in the manner indicated above. Order pronounced in the open court on 9th February, 2017. (ASHWANI TANEJA) JUDICIAL MEMB…

Pratima H. Mehta, Mumbai vs. DCIT Cen Cir 23, Mumbai

In the result, the assessee’s appeal for A

Bench: Shri Jason P. Boaz & Shri Ram Lal Negismt. Pratima H. Mehta Dcit, Central Circle-23 32, Madhuli, 3Rd Floor (Now Acit, Cc-4(1)) Vs. A.B. Road, Worli 4Th Floor, Aayakar Bhavan Mumbai 400018 M.K. Road, Mumbai 400020 Pan – Abnpm8226G Appellant Respondent

…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)], Sedco Fores Drilling Co. Ltd. [264 ITR 320], NGC Network Asia LLC [313 ITR 187], Summit Bhatacharys [300 ITR (AI) 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 false of Devine Holdings Pvt. Ltd. Hon’ble Bombay High Court ha…

DDIT(It) 4(1), Mumbai vs. Linklaters, Mumbai

Bench: Shri G.S. Pannu, Am & Shri Ravish Sood, Jm आयकर अपील सं./ I.T.A. No. 2332/Mum/2014 (निर्धारण वर्ा / Assessment Year: 2009-10) Dy. Director Of Income-Tax M/S. Linklaters (Formerly (International Taxation)-4(1), Known As Linklaters & Paines), बिधम/ Mumbai. C/O Deloitte Haskins & Sells, Vs. Indiabulls Finance Centre, 32Nd Floor, Mumbai – 400013. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aabfl2160M (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) :

…aid issue in favor of the assesee by relying on the order of the Tribunal so passed in the case of the asssessee for A.Y. 1995-96, wherein the Tribunal taking note of the decision of the Hon’ble High Court of Bombay in the case of DIT vs NGC Network Asia LLC (313 ITR 187) (Bombay), therein held as under: 9 M/s. Linklaters “Respectfully following the esteemed views of the Hon’ble High Court in the case of NGC Network Asia LLC (supra), we approve the conclusions arrived at by the CIT(A)and decline to interfere on the matter on this count as well. Ground No. 1 o Assessing officer is thus rejected.” Particulars Ass…

Late Harshad S.Metha, Mumbai vs. DCIT Cen Cir 23, Mumbai

In the result, assesses's appeal is partly allowed for statistical purposes

Bench: Shri Amit Shukla () & Shri Ashwani Taneja ()

…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. vs DCIT (95 LTD 269(Del)( SB). Sedco Pores Drilling Co. Ltd. (264 ITR 320), NGC Network Asia LLC (313 ITR 187). Summit Bhatacharya (300 ITR (AT) 347 (Bom)(SB), Vijay Gopal Jindal (ITA No. 4333/Del/2009) & Emillo Ruiz Berdejo (320 ITR 190(Bom). DR relied upon the cases of Divine Holdings Pvt. Ltd. 3.1 We have heard the rival submissions and perused the material before us. We find that in the case of Divine Holdings Put. Ltd..Hon’ble Bombay High Court has…

Smit Singapore Pte Ltd, Mumbai vs. DDIT (It) RG 2(1), Mumbai

In the result, appeal of the Revenue is dismissed

Bench: Shri D. Karunakara Rao & Shri C.N. Prasadsmit Singapore Pte Ltd., फनाभ/ Deputy Director Of Income Srbc & Associates, Tax (International Vs. 14Th Floor, The Ruby, Taxation), Circle-2(1), R.No. 120, 1St Floor, Scindia 29, Senapati Bapat Marg, Dadar (W), Mumbai – 400 028. House, Ballard Pier, N.M. Road, Mumbai – 400038. स्थामी रेखा सं./ Pan : Aaccs1031L (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent) फनाभ/ Deputy Director Of Income Tax Smit Singapore Pte Ltd., (International Taxation), Circle- Srbc & Associates, Vs. 2(1), R.No. 120, 1 St Floor, 14Th Floor, The Ruby, Scindia House, Ballard Pier, 29, Senapati Bapat Marg, N.M. Road, Mumbai – 400038. Dadar (W), Mumbai – 400 028. स्थामी रेखा सं./ Pan : Aaccs1031L (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent) अऩीराथी की ओय से / Assessee By : Shri M.P. Lohia & Nikhil Tiwari प्रत्मथी की ओय से/ Revenue By : Shri Sanjay Bahadur, Cit-Dr

…y the assessee is under obligation to make payment of advance tax, Ld Counsel for the assessee submitted that the DRP in paras 16 and 17 directed the AO to comply with the judgment of the Hon‟ble jurisdictional High Court in the case of NGC Network Asia LLC (313 ITR 187). After hearing both the parties, we find, the direction of the DRP is not followed by the AO and it is unfair to the assessee. Therefore, we are of the opinion, the AO should comply with the directions of the DRP and grant relief in this regard by allowing interest u/s 234B of the Act. Thus, Ground no.6 raised by the assessee is allowed. 6. The…

ADIT (It) 2(2), Mumbai vs. Valentine Maritime (Gulf) Ltd, Mumbai

In the result, insofar as appeal of Revenue is concerned, the same is dismissed

Bench: Shri G.S. Pannu & Shri Joginder Singh: (A.Y : 2007-08)

…hich has been dismissed by the Tribunal vide order dated 19.3.2015 (supra). Notably, in terms of the judgment of Hon'ble Bombay High Court in the case of DIT(IT) vs. 19 M/s. Valentine Maritime (Gulf) LLC ITA Nos. 8694 & 9239/Mum/2010 NGC Network Asia LLC, 313 ITR 187 (Bom.), wherein following the decision of the Hon'ble Uttarakhand High Court in the case of CIT vs. Sedco Forex International Drilling Co. Ltd. & Ors., 264 ITR 320 (Uttaranchal), it has been held that where the duty is cast on the payer of income to deduct tax at source, the failure of the payer to do so would not result in imposition of interest…

Valentine Maritime (Gulf) Llc, Mumbai vs. ADIT (It) 2(2), Mumbai

In the result, insofar as appeal of Revenue is concerned, the same is dismissed

Bench: Shri G.S. Pannu & Shri Joginder Singh: (A.Y : 2007-08)

…hich has been dismissed by the Tribunal vide order dated 19.3.2015 (supra). Notably, in terms of the judgment of Hon'ble Bombay High Court in the case of DIT(IT) vs. 19 M/s. Valentine Maritime (Gulf) LLC ITA Nos. 8694 & 9239/Mum/2010 NGC Network Asia LLC, 313 ITR 187 (Bom.), wherein following the decision of the Hon'ble Uttarakhand High Court in the case of CIT vs. Sedco Forex International Drilling Co. Ltd. & Ors., 264 ITR 320 (Uttaranchal), it has been held that where the duty is cast on the payer of income to deduct tax at source, the failure of the payer to do so would not result in imposition of interest…

M/S. Nagase & Company Ltd., Mumbai vs. ADIT (I.T) - RG.-3(2), Mumbai

…id section.During the appellate proceedings,the FAA deleted the interest. 11.1.We find that the issue is decided against the AO and in favour of the assessee by the order of the Hon’ble jurisdictional High Court delivered in the case of NGC Network Asia LLC (313 ITR 187).We would like to reproduce the relevant portion of the judgment of the Hon’ble court and it reads as under- “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. reported in [2003] 264 ITR 320 (Uttaranchal). One of the questions was, as to whether interest…