DIT v. NGC Network Asia LLC

Pratima H. Mehta, Mumbai vs. DCIT CC 23, Mumbai

…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 tht iin the fase of Devine Holdings Pvt. Ltd. Hon’ble Bombay High Court has…

Rina S. Mehta, Mumbai vs. ACIT CC 23, Mumbai

In the result, Revenue’s appeal is partly allowed for statistical purposes

Bench: Shri Saktijit Dey & Shri Rajesh Kumar

…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 lID 269 (Del.(SB)], Sedco Fores Drilling Co. Ltd. [264 ITR 320],NGC Network Asia LLC [313 ITR 187] ,Summit Bhatacharya [ 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 case of Devine Holdings Pvt. Ltd. Hon'ble Bombay High Court ha…

DDIT (It) 3(1), Mumbai vs. International Global Networks Bv, Mumbai

Appeals of the revenue are dismissed

Bench: Shri Saktijit Dey, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.6046 To 6049/Mum/2014 (ननधधारण वषा / Assessment Years :1998-99 To 2001-02) Dy.Director Of Income Tax बनधम/ M/S International Global (International Taxation)-3(1), Networsk B V (Formerly Known Vs. Room No.136, As Satellite Television Asian 1St Floor, Scindia House, Region Advertising Sales Bv) N M Road, Ballard Pier, C/ Srbc & Associates Llp, 14Th Floor, The Ruby, 29, Mumbai-400038 Senapati Bapat Marg, Dadar-West, Mumbai-400028 स्थधयी ऱेखध सं./Pan : Aabc10556K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. अऩीराथी की ओय से/Appellant By : Shri B C S Naik प्रत्मथी की ओय से/ Respondent By : Shri Divesh Chawla सुनवाई की तायीख / Date Of Hearing : 26.4.2016 घोषणा की तायीख /Date Of Pronouncement :26.4.2016 आदेश / O R D E R Per Rajesh Kumar, Am : These Are Four Appeals Filed By The Revenue Against The Common Order Dated 26.3.2014 Passed By The Ld.Cit(A)-10, Mumbai For The Assessment Years 1998-99 To 2000-2001 Challenging The Relief Given By The Ld.Cit(A) To The Assessee On The Charging Of Interest U/S 234B & 234C Of The Income Tax Act, 1961. Since Issue Involved In These Cases Is Common & Therefore, These Appeals Are Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. We Will Deal With The Appeal Bearing No.6046/Mum/2014. The Assessee Is A Company Incorporated In The Netherlands, Sas B & Has Been Granted The Exclusive Right For The Sale Of Advertising Time (India) On The Channels On The Star Network, Sas Bv & Has Appointed News Television (India) Ltd (Ntvi) A Company Incorporated In India For Marketing Advertisings On The Channels.

…/s 234B and 234C in the case of foreign companies is covered in favour of the appellant-assessee by the decision of the Hon’ble Jurisdictional High Court rendered in the case of Director of Income-Tax (International Taxation ) V/s NCG Networks Asia LLC (2009) 313 ITR 187 (Bom) and accordingly, directed the AO to follow the decision of Hon’ble Jurisdictional High Court (supra). 4. The ld. DR submitted before us that the findings of the ld. CIT(A) that the provisions of section 234B and 234C were not applicable to the assessee was wrong and also the ld. CIT(A) had wrongly held that the case was covered by the decis…

DDIT (It) 3(1), Mumbai vs. International Global Networks Bv, Mumbai

Appeals of the revenue are dismissed

Bench: Shri Saktijit Dey, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.6046 To 6049/Mum/2014 (ननधधारण वषा / Assessment Years :1998-99 To 2001-02) Dy.Director Of Income Tax बनधम/ M/S International Global (International Taxation)-3(1), Networsk B V (Formerly Known Vs. Room No.136, As Satellite Television Asian 1St Floor, Scindia House, Region Advertising Sales Bv) N M Road, Ballard Pier, C/ Srbc & Associates Llp, 14Th Floor, The Ruby, 29, Mumbai-400038 Senapati Bapat Marg, Dadar-West, Mumbai-400028 स्थधयी ऱेखध सं./Pan : Aabc10556K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. अऩीराथी की ओय से/Appellant By : Shri B C S Naik प्रत्मथी की ओय से/ Respondent By : Shri Divesh Chawla सुनवाई की तायीख / Date Of Hearing : 26.4.2016 घोषणा की तायीख /Date Of Pronouncement :26.4.2016 आदेश / O R D E R Per Rajesh Kumar, Am : These Are Four Appeals Filed By The Revenue Against The Common Order Dated 26.3.2014 Passed By The Ld.Cit(A)-10, Mumbai For The Assessment Years 1998-99 To 2000-2001 Challenging The Relief Given By The Ld.Cit(A) To The Assessee On The Charging Of Interest U/S 234B & 234C Of The Income Tax Act, 1961. Since Issue Involved In These Cases Is Common & Therefore, These Appeals Are Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. We Will Deal With The Appeal Bearing No.6046/Mum/2014. The Assessee Is A Company Incorporated In The Netherlands, Sas B & Has Been Granted The Exclusive Right For The Sale Of Advertising Time (India) On The Channels On The Star Network, Sas Bv & Has Appointed News Television (India) Ltd (Ntvi) A Company Incorporated In India For Marketing Advertisings On The Channels.

…/s 234B and 234C in the case of foreign companies is covered in favour of the appellant-assessee by the decision of the Hon’ble Jurisdictional High Court rendered in the case of Director of Income-Tax (International Taxation ) V/s NCG Networks Asia LLC (2009) 313 ITR 187 (Bom) and accordingly, directed the AO to follow the decision of Hon’ble Jurisdictional High Court (supra). 4. The ld. DR submitted before us that the findings of the ld. CIT(A) that the provisions of section 234B and 234C were not applicable to the assessee was wrong and also the ld. CIT(A) had wrongly held that the case was covered by the decis…

DDIT (It) 3(1), Mumbai vs. International Global Networks Bv, Mumbai

Appeals of the revenue are dismissed

Bench: Shri Saktijit Dey, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.6046 To 6049/Mum/2014 (ननधधारण वषा / Assessment Years :1998-99 To 2001-02) Dy.Director Of Income Tax बनधम/ M/S International Global (International Taxation)-3(1), Networsk B V (Formerly Known Vs. Room No.136, As Satellite Television Asian 1St Floor, Scindia House, Region Advertising Sales Bv) N M Road, Ballard Pier, C/ Srbc & Associates Llp, 14Th Floor, The Ruby, 29, Mumbai-400038 Senapati Bapat Marg, Dadar-West, Mumbai-400028 स्थधयी ऱेखध सं./Pan : Aabc10556K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. अऩीराथी की ओय से/Appellant By : Shri B C S Naik प्रत्मथी की ओय से/ Respondent By : Shri Divesh Chawla सुनवाई की तायीख / Date Of Hearing : 26.4.2016 घोषणा की तायीख /Date Of Pronouncement :26.4.2016 आदेश / O R D E R Per Rajesh Kumar, Am : These Are Four Appeals Filed By The Revenue Against The Common Order Dated 26.3.2014 Passed By The Ld.Cit(A)-10, Mumbai For The Assessment Years 1998-99 To 2000-2001 Challenging The Relief Given By The Ld.Cit(A) To The Assessee On The Charging Of Interest U/S 234B & 234C Of The Income Tax Act, 1961. Since Issue Involved In These Cases Is Common & Therefore, These Appeals Are Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. We Will Deal With The Appeal Bearing No.6046/Mum/2014. The Assessee Is A Company Incorporated In The Netherlands, Sas B & Has Been Granted The Exclusive Right For The Sale Of Advertising Time (India) On The Channels On The Star Network, Sas Bv & Has Appointed News Television (India) Ltd (Ntvi) A Company Incorporated In India For Marketing Advertisings On The Channels.

…/s 234B and 234C in the case of foreign companies is covered in favour of the appellant-assessee by the decision of the Hon’ble Jurisdictional High Court rendered in the case of Director of Income-Tax (International Taxation ) V/s NCG Networks Asia LLC (2009) 313 ITR 187 (Bom) and accordingly, directed the AO to follow the decision of Hon’ble Jurisdictional High Court (supra). 4. The ld. DR submitted before us that the findings of the ld. CIT(A) that the provisions of section 234B and 234C were not applicable to the assessee was wrong and also the ld. CIT(A) had wrongly held that the case was covered by the decis…

DDIT (It) 3(1), Mumbai vs. International Global Networks Bv, Mumbai

Appeals of the revenue are dismissed

Bench: Shri Saktijit Dey, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.6046 To 6049/Mum/2014 (ननधधारण वषा / Assessment Years :1998-99 To 2001-02) Dy.Director Of Income Tax बनधम/ M/S International Global (International Taxation)-3(1), Networsk B V (Formerly Known Vs. Room No.136, As Satellite Television Asian 1St Floor, Scindia House, Region Advertising Sales Bv) N M Road, Ballard Pier, C/ Srbc & Associates Llp, 14Th Floor, The Ruby, 29, Mumbai-400038 Senapati Bapat Marg, Dadar-West, Mumbai-400028 स्थधयी ऱेखध सं./Pan : Aabc10556K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. अऩीराथी की ओय से/Appellant By : Shri B C S Naik प्रत्मथी की ओय से/ Respondent By : Shri Divesh Chawla सुनवाई की तायीख / Date Of Hearing : 26.4.2016 घोषणा की तायीख /Date Of Pronouncement :26.4.2016 आदेश / O R D E R Per Rajesh Kumar, Am : These Are Four Appeals Filed By The Revenue Against The Common Order Dated 26.3.2014 Passed By The Ld.Cit(A)-10, Mumbai For The Assessment Years 1998-99 To 2000-2001 Challenging The Relief Given By The Ld.Cit(A) To The Assessee On The Charging Of Interest U/S 234B & 234C Of The Income Tax Act, 1961. Since Issue Involved In These Cases Is Common & Therefore, These Appeals Are Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. We Will Deal With The Appeal Bearing No.6046/Mum/2014. The Assessee Is A Company Incorporated In The Netherlands, Sas B & Has Been Granted The Exclusive Right For The Sale Of Advertising Time (India) On The Channels On The Star Network, Sas Bv & Has Appointed News Television (India) Ltd (Ntvi) A Company Incorporated In India For Marketing Advertisings On The Channels.

…/s 234B and 234C in the case of foreign companies is covered in favour of the appellant-assessee by the decision of the Hon’ble Jurisdictional High Court rendered in the case of Director of Income-Tax (International Taxation ) V/s NCG Networks Asia LLC (2009) 313 ITR 187 (Bom) and accordingly, directed the AO to follow the decision of Hon’ble Jurisdictional High Court (supra). 4. The ld. DR submitted before us that the findings of the ld. CIT(A) that the provisions of section 234B and 234C were not applicable to the assessee was wrong and also the ld. CIT(A) had wrongly held that the case was covered by the decis…

DDIT (It)3(1), Mumbai vs. Helix Energy Solutions Group Inc., Mumbai

In the result, appeal of the Revenue is dismissed

Bench: Shri G.S. Pannu & Shri Amit Shukla: (A.Y : 2010-11)

…, levy of 3 M/s. Helix Energy Solutions Group INC interest u/s. 234B and 234C of the Act was not justified. The CIT(A) has accepted the aforesaid plea of the assessee following the judgment of the Hon'ble Bombay High Court in the case of NGC Network Asia LLC, 313 ITR 187 (Bom). Against such a decision of the CIT(A), Revenue is in appeal before us. 4. Before us, it was a common point between the parties that having regard to the facts and circumstances of the case, the ratio of the judgment of the Hon'ble Bombay High Court in the case of NGC Network Asia LLC (supra) is clearly attracted to the present case and th…

M/S. Rheinbraun Engineering Und Wasser Gmbh (Now Changed to Re Gmbh), Mumbai vs. The DCIT-(It) 2(1), Mumbai

Bench: S/Sh. Rajendra & Ram Lal Negiआयकर आयकर अपील अपील संसंसंसं/.Ita No.2353/Mum/2006,िनधा"रण िनधा"रण वष" वष"/Assessment Year-2002-03 आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" M/S.Rheinbraun Engineering Und Dy. Director Of Income Tax-(Intl. Wasser Gmbh(Now Changed To Re Gmbh) Taxation)-2(1) C/O. A.F. Ferguson & Co. Vs. Scindia House, Ballard Pier Allahabad Bank Bldg. N.M. Marg,Mumbai-400 001. Mumbai Samachar Marg, Fort, Mumbai-400 001. Pan:Aaacr 5788 D (अपीलाथ" /Appellant) (""यथ" / Respondent) आयकर आयकर अपील अपील संसंसंसं/.Ita No.2138/Mum/2006,िनधा"रण िनधा"रण वष" वष"/Assessment Year-2002-03 आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Dy. Director Of Income Tax-(Intl. M/S.Rheinbraun Engineering Und Taxation)-2(1) Wasser Gmbh (Now Changed To Re Gmbh) Scindia House, Ballard Pier, Vs. Mumbai-400 001. N.M. Marg,Mumbai-400 001. (अपीलाथ" /Appellant) (""यथ" / Respondent) िनधा"रती िनधा"रती ओर ओर सेसेसेसे/Assessee By : Shri Percy Pardiwala/Smt. Vasanti Patel िनधा"रती िनधा"रती ओर ओर राज"व क" ओर से/ Revenue By : Shri Pankaj Kumar-Sr.Ar सुनवाई सुनवाई क" क" तारीख तारीख / Date Of Hearing : 02.02.2016 सुनवाई सुनवाई क" क" तारीख तारीख घोषणा क" तारीख / Date Of Pronouncement : 04.03.2016 आयकर आयकर अिधिनयम अिधिनयम,1961 1961 क" क" धारा धारा 254 254(1)केकेकेके अ"तग"त अ"तग"त आदेश आदेश 1961 1961 254 254 आयकर आयकर अिधिनयम अिधिनयम क" क" धारा धारा अ"तग"त अ"तग"त आदेश आदेश Order U/S.254(1)Of The Income-Tax Act,1961(Act)

…in the case of Sedco Forex International Drilling Co. Ltd.(264 ITR 320) and Asia Satellite telecommunications Ltd. (85 ITD 478). 9.Before us, the Representatives of both the sides agreed that the Hon'ble Bombay High Court in the case of NGC Network Asia LLC (313 ITR 187) has held that where the payment is subject to tax deduction the assessee is not liable to pay advance tax. Respectfully following the above mentioned judgments of the Hon’ble High Courts we decide the effective Ground of appeal against the Assessing Officer. As a result, appeal filed by the assessee stands partly allowed and appeal filed by the…

Galatea Ltd, Mumbai vs. DCIT It RG 2(3)(2), Mumbai

In the result, appeal may be treated as partly allowed for statistical purposes

Bench: Shri C.N. Prasad & Shri Ashwani Taneja

…IN THE INCOME TAX APPELLATE TRIBUNAL “L” BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA no.749/Mum./2015 (Assessment Year : 2010–11) Galatea Limited, P.O. 1156 Industrial Area Dalton, Israel c/o Vaish Associates, Advocates 106, Peninsula Centre ……………. Appellant Dr. S.S. Rao, Parel Mumbai 400 012 PAN – AADCG8396D v/s Dy. Commissioner of Income Tax International Taxation, Range– ……………. Respondent 2(3)(2) Mumbai Assessee by : Shri Bomi Daruwala a/w Ms. Priyanka Jain, CAs Revenue by : Shri Jasbir Chauhan, CIT-DR Date of Hearing- 13.01.2016 Date of Order…

M/S Growmore Exports Ltd., Mumbai vs. DCIT, CC-31, Mumbai

In the result, assessee’s appeal is partly allowed for statistical purposes

Bench: Shri Amit Shukla & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 4358/Mum/2013 ("नधा"रण वष" / Assessment Year : 2010-11) Growmore Exports बनाम/ The Deputy Commissioner Limited, 32, Madhuli,3 Rd Of Income Tax,Cc-31 V. Floor, Dr.Annie Besant R.No.409,Aaykar Road, Worli, Mumbai- Bhawan, M .K .Road, 400 018 Mumbai-400 020 "थायी लेखा सं./Pan : Aaacg4939P (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

…source on the income assessed . The appellant relies in this regard on the following decisions. He relied upon the cases ITA 4358/Mum/2013 7 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)), 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 Pvt. Ltd.. Hon’ble Bombay High Cour…

Sgl Entertainment Ltd, Mumbai vs. DDIT (It) 2(1), Mumbai

In the result, appeal of the assessee is treated as allowed

Bench: Shri Amit Shukla & Shri Ashwani Taneja

…th the law. 14. On the issue of levy of interest u/s 234B, he submitted that the same is not chargeable in the case of the assessee in view of the decision of Hon’ble jurisdictional High Court in the case of DIT(IT) v NGC Asia Network LLC, Bombay reported in 313 ITR 187 (Bom). 15. On the additional grounds, he submitted that same need not be required to be adjudicated if overall contention of the assessee is accepted. By way of an alternative argument, he submitted that though assessee’s global profitability rate is 14.04% of Star Group Ltd which has been accepted by the TPO then only such profit alone for com…

Satellite Television Asian Region Ltd, Mumbai vs. DDIT (It) 2(1), Mumbai

In the result, appeal of the assessee is treated as allowed

Bench: Shri Amit Shukla & Shri Ashwani Taneja

…th the law. 14. On the issue of levy of interest u/s 234B, he submitted that the same is not chargeable in the case of the assessee in view of the decision of Hon’ble jurisdictional High Court in the case of DIT(IT) v NGC Asia Network LLC, Bombay reported in 313 ITR 187 (Bom). 15. On the additional grounds, he submitted that same need not be required to be adjudicated if overall contention of the assessee is accepted. By way of an alternative argument, he submitted that though assessee’s global profitability rate is 14.04% of Star Group Ltd which has been accepted by the TPO then only such profit alone for com…

Growmore Exports Ltd, Mumbai vs. DCIT CC 31, Mumbai

In the result, the assessee ‘s appeal for the assessment year 2008-09

Bench: Shri Jason P. Boaz & Shri Ram Lal Negi

…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…

Fugro Rovtech Ltd, Mumbai vs. Asst DIT (It) 3(2), Mumbai

In the result, the appeal filed by the assessee is treated as partly allowed

Bench: S/Shri B.R.Baskaran, Am & Pawan Singh, Jm आमकय अऩीर सं./I.T.A. No.1230/Mum/2014 (ननधधायण वषा / Assessment Year:2010-11) बनाम/ Fugro Rovtech Limited Asstt. Director Of Income Tax (Now Known As „Fugro Subsea (International Taxation)-3(2), Vs. 132, 1St Floor, Services Limited‟ C/O Srbc & Associates Scindia House, Llp, 16Th Floor, The Ruby, Ballard Pier, 29 Senapati Bapat Marg, Mumbai-400038 Dadar (W), Mumbai-400028 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) ..

…e assessee and accordingly reject the same. 12. The next issue relates to the issue of charging interest u/s 234B and 234C of the Act. The Ld A.R submitted that the decision rendered by 8 Hon‟ble Bombay High Court in the case of DIT Vs. NGC Network Asia LLC (313 ITR 187) shall apply to the facts prevailing in the instant case. Accordingly, we set aside this matter to the file of the assessing officer with the direction to compute the interest u/s 234B and 234C of the Act in accordance with the ratio laid down by the jurisdictional High Court in the case of NGC Network Asia LLC (referred supra). 13. In the resul…

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

In the result, appeals filed by the assessee are partly allowed and appeals filed by the Revenue stand dismissed

Bench: Shri Saktijit Dey & Shri Ashwani Tanejaassessment Year: 2003-04

…ecided in favour of the assessee by the Tribunal in assessee’s own case, particulars of which have already been given in Ground No.1 above, wherein Hon’ble Tribunal has followed the judgment of Hon’ble Bombay High Court in the case of DIT vs. NGC Networks LLC 313 ITR 187. 8.2. On the other hand, Ld. DR has supported the order of the lower authorities. 8.3. In this regard we refer to the judgment of Tribunal dated 7th September 2015, and the relevant para is reproduced below: “20. Regarding ground no. 2, Mr. Dastur, pointed out that this issue has been decided in favour of the assessee right from assessment year…

M/S. Linklaters, Mumbai vs. ADIT(It)-3(2), Mumbai

In the result, appeals filed by the assessee are partly allowed and appeals filed by the Revenue stand dismissed

Bench: Shri Saktijit Dey & Shri Ashwani Tanejaassessment Year: 2003-04

…ecided in favour of the assessee by the Tribunal in assessee’s own case, particulars of which have already been given in Ground No.1 above, wherein Hon’ble Tribunal has followed the judgment of Hon’ble Bombay High Court in the case of DIT vs. NGC Networks LLC 313 ITR 187. 8.2. On the other hand, Ld. DR has supported the order of the lower authorities. 8.3. In this regard we refer to the judgment of Tribunal dated 7th September 2015, and the relevant para is reproduced below: “20. Regarding ground no. 2, Mr. Dastur, pointed out that this issue has been decided in favour of the assessee right from assessment year…

Oceaneering International Gmbh, Mumbai vs. DDIT (It) RG 4(2), Mumbai

In the result, appeal of assessee is allowed and appeal of Revenue is dismissed

Bench: Shri Shailendra Kumar Yadav, Jm & Shri Ramit Kochar, Am

…the Act. Assessing Officer held that interest under section 234B is leviable in case of assessee is non-resident. In appeal DRP-II granted relief to the assessee by following the decision of the Hon'ble Bombay High Court in the case of NGC Network Asia LLC (313 ITR 187) wherein it has been held that interest under section 234B and 234C is not leviable in the facts of the case. Nothing contrary was brought to our knowledge, so following the same we are not inclined to interfere in the findings of DRP-II , Mumbai who has correctly held that interest under section 234B is not allowable in the case of non- resid…

Velvet Holdings P.Ltd, Mumbai vs. Asst CIT Cen Cir 31, Mumbai

In the result, the appeal filed by the assessee is treated as allowed for statistical purpose

Bench: S/Shri B.R.Baskaran, Am & Pawan Singh, Jm आमकय अऩीर सं./I.T.A. No.5214/Mum/2012 (ननधधायण वषा / Assessment Year:2009-10) M/S Velvet Holdings Pvt Ltd, बनाम/ The Asstt. Commissioner Of Income 32, Madhuli, 3Rd Floor, Tax-Cc 31, Vs. Dr.Annie Besant Road, Mumbai. Nehru Centre, Worli, Mumbai-400018 (अऩीरधथी /Appellant) (प्रत्मथी / 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…