DIT v. Ngc Networks Asia

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 :

…h the provisions of section 195 of the Act. In view of the above, it is submitted that the provisions of section 234B has no application to captioned matter(s). 18.8. Reliance in this respect is placed on following judgments:  DIT vs Ngc Networks Asia [2009] 222 CTR 85 (Born HC)] (Refer page 52 of Convenience Set) -8. We are in respectful agreement with the view taken In the case of CIT v. Sedco Forex International Drilling Co. Ltd. ( supra), by the Uttaranchal High Court. We are clearly of the opinion that when a duty is cast on the payer to pay the tax at source, on failure, no interest can be imposed on the p…

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 :

…h the provisions of section 195 of the Act. In view of the above, it is submitted that the provisions of section 234B has no application to captioned matter(s). 18.8. Reliance in this respect is placed on following judgments:  DIT vs Ngc Networks Asia [2009] 222 CTR 85 (Born HC)] (Refer page 52 of Convenience Set) -8. We are in respectful agreement with the view taken In the case of CIT v. Sedco Forex International Drilling Co. Ltd. ( supra), by the Uttaranchal High Court. We are clearly of the opinion that when a duty is cast on the payer to pay the tax at source, on failure, no interest can be imposed on the p…

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 :

…h the provisions of section 195 of the Act. In view of the above, it is submitted that the provisions of section 234B has no application to captioned matter(s). 18.8. Reliance in this respect is placed on following judgments:  DIT vs Ngc Networks Asia [2009] 222 CTR 85 (Born HC)] (Refer page 52 of Convenience Set) -8. We are in respectful agreement with the view taken In the case of CIT v. Sedco Forex International Drilling Co. Ltd. ( supra), by the Uttaranchal High Court. We are clearly of the opinion that when a duty is cast on the payer to pay the tax at source, on failure, no interest can be imposed on the p…

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 :

…h the provisions of section 195 of the Act. In view of the above, it is submitted that the provisions of section 234B has no application to captioned matter(s). 18.8. Reliance in this respect is placed on following judgments:  DIT vs Ngc Networks Asia [2009] 222 CTR 85 (Born HC)] (Refer page 52 of Convenience Set) -8. We are in respectful agreement with the view taken In the case of CIT v. Sedco Forex International Drilling Co. Ltd. ( supra), by the Uttaranchal High Court. We are clearly of the opinion that when a duty is cast on the payer to pay the tax at source, on failure, no interest can be imposed on the p…

DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) - 2(1)(1), MUMBAI vs. CITIBANK OVERSEAS INVESTMENT CORPORATION, MUMBAI

In the result, appeal of the assessee is partly allowed as indicated above, the appeal of the revenue and cross objection of the assessee are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Blecitibank Overseas Investment Corporation V. Dy. Cit (International Taxation) – 2(1)(1) C/O Deloitte Haskins & Sells Llp Room No. 1713, 17Th Floor 30 Floor, Tower 3 Air India Building India Bulls Finance Centre Nariman Point, Mumbai – 400 021 Senapati Bapat Marg Elphinstone Road (West) Mumbai – 400 013 Pan: Aabcc5333N (Appellant) (Respondent) Dy. Cit (International Taxation) – 2(1)(1) V. Citibank Overseas Investment Room No. 1713, 17Th Floor Corporation Air India Building C/O Deloitte Haskins & Sells Llp 30 Floor, Tower 3 Nariman Point, Mumbai – 400 021 India Bulls Finance Centre Senapati Bapat Marg Elphinstone Road (West) Mumbai – 400 013 Pan: Aabcc5333N (Appellant) (Respondent)

…duct tax at source and on the payer’s failure to deduct such tax, interest u/s. 234B of the Act cannot be imposed on the payee assessee. Reliance was placed on the following decisions in support of his contentions: - 1. DIT (IT) v. Ngc Network Asia LLC [2009] 222 CTR 85 (Bombay HC) 2. DIT (IT) v. White Industries Australia Ltd. (81 taxmann.com 33) [2017] (Kolkata Tribunal) 3. Orient Overseas Container Line Ltd. [2013] 35 taxmann.com 342 (Mumbai ITAT) 4. DDIT v. MGB Metro Group Buying HK Ltd. (29 taxmann.com 164) [2013] (Delhi Tribunal) 5. IAN Peter Morris v. ACIT [2016] 76 taxmann.com 271 (SC) 6. ADIT (IT) v. Alc…

CITIBANK OVERSEAS INVESTMENT CORPORATION,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) - 2(1)(1), MUMBAI

In the result, appeal of the assessee is partly allowed as indicated above, the appeal of the revenue and cross objection of the assessee are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Blecitibank Overseas Investment Corporation V. Dy. Cit (International Taxation) – 2(1)(1) C/O Deloitte Haskins & Sells Llp Room No. 1713, 17Th Floor 30 Floor, Tower 3 Air India Building India Bulls Finance Centre Nariman Point, Mumbai – 400 021 Senapati Bapat Marg Elphinstone Road (West) Mumbai – 400 013 Pan: Aabcc5333N (Appellant) (Respondent) Dy. Cit (International Taxation) – 2(1)(1) V. Citibank Overseas Investment Room No. 1713, 17Th Floor Corporation Air India Building C/O Deloitte Haskins & Sells Llp 30 Floor, Tower 3 Nariman Point, Mumbai – 400 021 India Bulls Finance Centre Senapati Bapat Marg Elphinstone Road (West) Mumbai – 400 013 Pan: Aabcc5333N (Appellant) (Respondent)

…duct tax at source and on the payer’s failure to deduct such tax, interest u/s. 234B of the Act cannot be imposed on the payee assessee. Reliance was placed on the following decisions in support of his contentions: - 1. DIT (IT) v. Ngc Network Asia LLC [2009] 222 CTR 85 (Bombay HC) 2. DIT (IT) v. White Industries Australia Ltd. (81 taxmann.com 33) [2017] (Kolkata Tribunal) 3. Orient Overseas Container Line Ltd. [2013] 35 taxmann.com 342 (Mumbai ITAT) 4. DDIT v. MGB Metro Group Buying HK Ltd. (29 taxmann.com 164) [2013] (Delhi Tribunal) 5. IAN Peter Morris v. ACIT [2016] 76 taxmann.com 271 (SC) 6. ADIT (IT) v. Alc…

THE NIELSEN COMPANY (US) LLC,MUMBAI vs. DDIT (IT) 4(2), MUMBAI

In the result the Ground No

Bench: Shri G.S. Pannu, Vice- & Shri Pawan Singhthe Nielsen Company (Us) Dcit (It) - 4(2) Llc, C/O Nielsen (India) Pvt. Mumbai. Ltd., 6Th Floor, Block-C, Godrej Vs. It Park, 02 Godrej Business, District, Phirojshah Nagar, Lbs Marg, Vikhroli (W), Mumbai-400079. Pan: Aacfj7526Q Appellant Respondent Appellant By : Shri P.J. Pardiwala With Sh. Madhur Agrawal (Ars) Respondent By : Shri Himanshu Sharma & Sh. Nishant Samaiya (Sr. Drs)

…to be charged ITA No. 4362 Mum 2015 - The Nielsen Company (US) LLC prior to the amendment brought in statue by Finance Act 2012. In support of his submission the ld. AR for the assessee relied on the decision of Bombay High Court in Ngc Network Asia LLC (222 CTR 85) (Bombay High Court). 31. On the other hand the ld. DR supported the order of the lower author ties. 32. We have considered the rival submissions of the parties. Considering the facts and circumstances of the case, we direct the assessing officer to compute the interest by taking in consideration of decision of Bombay High Court in Ngc Network A…

SPRINT COMMUNICATIONS COMPANY LP,MUMBAI vs. ACIT (INTERNATIONAL TAXATION) - 4(2)(2), MUMBAI

…Appellate Authority (FAA),who dismissed the Ground raised by it in that regard. 3.Before us,the AR stated that the issue stands covered in favour of the assessee by the judgment of the Hon'ble Bombay High Court ,delivered in the case of NGC Network Asia LLC.(222 CTR 85),that identical issue was decided by the Tribunal on 7/11/17 while deciding the Appeals/CO for the earlier years(ITA s./5156/Mum/2009,569 & 3808/Mum/ 2010,ITA.s/.2744/Mum/2012-AY 2005-06 to 2008-09 ).The Departmental Representative left the issue to the discretion of the Bench. 4.We find that at para No.7 of order of the Tribunal in ITA.s for AY.s…

DDIT (IT) 2(1), MUMBAI vs. SPRINT COMMUINICATIONS COMPANY LP, MUMBAI

In the result, the above appeals are decided as under:

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. Nos. 5156/Mum/2009, 569 & 3808/Mum/2010 ("नधा"रण वष" / Assessment Years: 2005-06, 2006-07 & 2007-08) Ddit(It)-2(1), M/S. Sprint Communications R. No. 120, 1St Floor, Company Lp बनाम/ Scindia House, Ballard Estate, C/O. Sr Batliboi & Co. Cas, Vs. 18Th Floor, Express Towers, N. M. Road, Mumbai-400 038 Nariman Point, Mumbai-400 021 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aayff 1407 P (Revenue) : (Assessee) ""या"ेप सं./Co No. 74/Mum/2010 (Arising Out Of Ita No. 5156/Mum/2009) & आयकर अपील सं./I.T.A. No. 2744/Mum/2012 ("नधा"रण वष" / Assessment Years: 2005-06 & 2008-09) M/S. Sprint Communications Ddit(It)-2(1), R. No. 120, 1St Floor, Company Lp बनाम/ C/O. Sr Batliboi & Co. Cas, Scindia House, Ballard Estate, Vs. 18Th Floor, Express Towers, N. M. Road, Mumbai-400 038 Nariman Point, Mumbai-400 021 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aayff 1407 P (Assessee) : (Revenue) : Shri Samuel Darse Revenue By Assessee By : Shri Harsh Kapadia सुनवाई क" तार"ख / : 30.10.2017 Date Of Hearing घोषणा क" तार"ख / : 07.11.2017 Date Of Pronouncement Co No.74/M/10 & 2744/M/12 M/S. Sprint Communications Company Lp आदेश / O R D E R Per Bench:

…ssue which arises in these appeals is the chargeability of interest u/s. 234B. We find that this issue is covered in favour of the assessee by the decision of Hon'ble jurisdictional High Court decision in the case of DIT (IT) vs. Ngc Network Asia LLC [2009] 222 CTR 85 (Bom). In the said case, it was expounded that when the duty is cast on the payer to pay the tax at source, on failure, no more interest can be imposed on the payee assessee u/s. 234B. Respectfully following the precedent, we hold that interest u/s. 234B in this case is not chargeable. 8. In Cross Objection No.74/Mum/2010, the assessee has raise…

DIMENSION DATA ASIA PACIFIC PTE. LTD,MUMBAI vs. DCIT (IT) 2(1)(2), MUMBAI

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

Bench: S/Shri Jason P Boaz,(Am) & Saktijit Dey, (Jm) Dimension Data Asia Pacific The Dy. Commissioner Of Pte.Ltd,(Formerly Known As Income Tax (International Datacraft Asia Pte. Ltd), Taxation), 2(1)(2), फनधभ/ C/O Dhruva Advisors Llp, 12Th Fl., 17Th Floor, Air India Building, Discovery Of India Building, Vs. Nariman Point, Dr.Annie Besent Road, Mumbai-400021 Worli, Mumbai-400018 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) : स्थधमी रेखध सं./ Pan : Aadcd4348L अऩीरधथी की ओय से / Assessee By : S/Shri Sunil Moti Lala & Tushar Hathiramani प्रत्मथी की ओय से/Revenue By : S/Shri Jasbir Chauhan & M V Rajguru सुनवधई की तधयीख /Date Of Hearing : 28.4.2017 घोषणध की तधयीख /Date Of Pronouncement : 5.5.2017

…yment and there is no liability on the assessee to pay advance tax. This view of ours is supported by the ratio laid down by the Hon’ble Jurisdictional High Court in the case of 10 Director of Income-tax (International Taxation) v. NGC Network Asia LLC [2009] 222 CTR 85 (Bombay)= (2009) 313 ITR 187 (Bom). In view of the above levy of interest u/s 234B of the Act is unsustainable. This ground is allowed. 8. In the result, the appeal of the assessee is partly allowed. Order pronounced in the open court on 5th May, 2017. sd (JASON P BOAZ) (SAKTIJIT DEY) लेखा सदस्य / Accountant Member न्याययक सदस्य / Judicial Mem…

THE LUBRIZOL CORPORATION . USA,MUMBAI vs. DCIT (IT) RG 3(1)(2), MUMBAI

In the result, both the appeals of the assessee are allowed and both the Stay Applications are dismissed

Bench: Shri B.R. Baskaran (Am)& Shaktijit Dey (Jm)

…THE INCOME TAX APPELLATE TRIBUNAL “L” Bench, Mumbai Before Shri B.R. Baskaran (AM)& Shaktijit Dey (JM) I.T.A. No. 508/Mum/2017 (Assessment Year 2010-11) I.T.A. No. 509/Mum/2017 (Assessment Year 2012-13) S.A. No. 112/Mum/2017 in I.T.A. No. 508/Mum/2017 (Assessment Year 2010-11) S.A. No. 113/Mum/2017 in I.T.A. No. 509/Mum/2017 (Assessment Year 2012-13) The Lubrizol Corporation DCIT (IT) USA Vs. Range 3(1)(2) C/o. Lubrizol Advanced Room No. 1605 Materials Pvt. Ltd. Air India Building 6th & 7th Floor Nariman Point Jaswanti Landmark Mumbai-400 021. Mehra Industrial Estate LBS Marg, Vikhroli West Mumbai-400 079.…

ILJIN ELECTRIC CO. LTD,MUMBAI vs. DCIT (IT) CIR 2(2)(1), MUMBAI

In the result, appeal for A

Bench: Shri Jason P. Boaz, Accoutant Member & Shri Saktijit Dey

…non–resident company as the obligation to deduct tax on the payer at the time of making payment to the non–resident entity is absolute. For such proposition, the learned Authorised Representative relied upon the following decisions:– i) NGC Network Asia LLC, 222 CTR 85; ii) G.E. Package Power Inc., 373 ITR 65; iii) DIT v/s Xelo Pty Ltd., 203 taxmann.com 475; and iv) Satellite TV Asia Region Ltd. v/s DDIT, 117 TTJ 249 (Mum.). 43. The learned Departmental Representative on the other hand justified the levy of interest by relying upon the decision of the Hon'ble Delhi High Court in DIT v/s Alcatel Lucent USA Inc.,…