GVK Industries Ltd. v. Income Tax Officer

371 ITR 453Supreme Court of India2015#895 most cited

What is GVK Industries Ltd. v. Income Tax Officer authority for?

Advice given by a financial consultancy firm on the modalities of procuring loans is considered a 'technical and consultancy service' for the purpose of taxation of fees for technical services.

119

judgments rely on this decision, according to BharatTax’s citation analysis of 366,421 Indian tax judgments — from 2014 to 2025.

Also referred to as

GVK Industries 371 ITR 453 · Section 9(1)(vii) · Fees for technical services · FTS · Technical and consultancy service · Financial consultancy advice · Loan procurement modalities · Scope of technical services · Make available clause · International taxation · DTAA Article 12

Also reported as

54 Taxmann.com 347197 Taxmann 337

Sections most often in play

Section 143(3)Section 9(1)(vii)Section 147Section 132Section 153ASection 148Section 234ASection 234B
Read the full judgment

Issues it is cited on

section 292c(1)(i)section 132(4a)(i)section 2(15a)section 209(1)section 153(a)(1)section 17(2)(iiia)section 14(a)section 292c(1)make available clausesection 209section 9(1)(vii)(b)section 17(2)

Judgments citing GVK Industries Ltd. v. Income Tax Officer

M/S Nandi Steels Limited vs. The Assistant Commissioner of Income Tax

In the result, the findings

ITA/103/2012HC Karnataka23 Feb 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 143(1)Section 143(3)Section 147Section 148Section 260Section 260ASection 6

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.103 OF 2012 BETWEEN: M/S. NANDI STEELS LIMITED REP. BY ITS DIRECTOR SRI. ARUN AGARWAL F4, RICHMOND PLAZA RICHMOND CIRCLE BANGALORE-560025. ... APPELLANT (BY SRI. A. SHANKAR, SR. COUNSEL A/W SRI. V. CHANDRASEKHAR, ADV., AND SRI. BHAIRAV KUTTAIAH, ADV., FOR SRI. M. LAVA, ADV.,) AND: THE ASSISTANT COMMISSIONER OF INCOME-TAX CIRCLE-12(2), R.P. BHAVAN NRUPATUNGA ROAD, OPP. RBI BANGALORE-560001.…

Smt Jamuna Vernekar vs. The Deputy Commissioner of Income Tax

In the result, the impugned order of the tribunal dated

ITA/43/2013HC Karnataka10 Feb 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 143(1)Section 143(2)Section 2(22)(e)Section 260

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.43 OF 2013 BETWEEN: SMT. JAMUNA VERNEKAR #107, 2ND MAIN KORAMANGALA, I BLOCK BANGALORE-560034. .... APPELLANT (BY MR. V. CHANDRASEKHAR, ADV., FOR MR. M. LAVA, ADV.,) AND: THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(5), R.P. BHAVAN NRUPATHUNGA ROAD BANGALORE-560001. ... RESPONDENT (BY MR. E.I. SANMATHI, ADV.,) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER…

Nalco Company, Usa vs. CIT (It & Tp), Kolkata

In the result, the appeal is allowed

ITA 1217/KOL/2017[2011-12]Status: DisposedITAT Pune05 Feb 2021AY 2011-12

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviिनधा"रण वष" / Assessment Year : 2011-12 Nalco Company,Usa Vs. Cit City (It & Tp), Nalco Water India Limited, Kolkata S.No.238/239, 3Rd Floor, Quadra 1, Panchshil, Magarpatta Road, Pune 411 028 Pan : Aaccn3661R Appellant Respondent Assessee By Shri Ketan Ved Revenue By Smt. Amrita Misra Date Of Hearing 02-02-2021 Date Of Pronouncement 05-02-2021 आदेश / Order

Section 263Section 263(1)Section 9(1)(vi)Section 9(1)(vii)

…Nalco Company, USA the nature of technical services as these were special, exclusive and customised. Relying on certain Tribunal orders, rulings of the AAR and the judgment of the Hon’ble Supreme Court in the case of GVK Industries Limited Vs. ITO (2015) 371 ITR 453 (SC), he held that the assessee provided domain knowledge and services in several areas which enabled the NWIL to perform the work and make its own decisions. He opined that such fee was in the nature of Fees for Technical services u/s.9(1)(vii) and Royalty u/s.9(1)(vi) under the Act and also Fees for included services under Article 12 of the…

ACIT, Circle- 14(1), New Delhi vs. Kapoor Industries Ltd., New Delhi

ITA 4215/DEL/2017[2014-15]Status: DisposedITAT Delhi29 Jan 2021AY 2014-15

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh

For Appellant: Shri R.K. Mehra, CAFor Respondent: Shri Shailesh Kumar, Senior DR
Section 195Section 40Section 9

…CTR 117 (Delhi) has decided the taxability of commission paid to foreign agent by returning following findings :- “4. The Assessing Officer relying upon the decision of the Authority for Advance Rulings in In Re: M/s. Wallace Pharmaceuticals P. Ltd. [2005] 278 ITR 97 (AAR) held that the commission payment to the non-resident company on procuring orders was taxable as „fee for technical service‟ under sub- clause (b) to Section 9(1) (vii) of the Act. The initial direction that the tax should be deducted at source @ 20% recorded in the order dated 4th May, 2010, was modified/reduced to 10% vide order dated 8th N…

M/S. Device Driven (India) Pvt. Ltd vs. The Commissioner of Income Tax

ITA/257/2014HC Kerala13 Oct 2020

Bench: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN,HONOURABLE MR. JUSTICE T.R.RAVI

Section 10ASection 10BSection 143(1)Section 195Section 40Section 9(1)(vii)

…“C.R” IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE T.R.RAVI TUESDAY, THE 13TH DAY OF OCTOBER 2020 / 21ST ASWINA, 1942 I.T.A.No.257 OF 2014 * [(AGAINST THE ORDER IN ITA.NO.282/2013 DATED 29.11.2013 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KOCHI RECEIVED BY THE APPELLANT ON 10.12.2013). * APPELLANT/ RESPONDENT IN ITA: M/S. DEVICE DRIVEN (INDIA) PVT. LTD., GROUND FLOOR, PADMANABHAM, TECHNOPARK, KARIYAVATTOM, THIRUVANANTHAPURAM, REP BY ITS DIRECTOR, MS.INDU LAKSHMY LAL * RESPONDENT/ APPELLANT IN ITA: THE COMMISSIONER OF INCOME TAX…

M/S Padmini Products (P) Ltd vs. The Deputy Commissioner of Income Tax

In the result, the aforesaid

ITA/154/2014HC Karnataka05 Oct 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 147Section 148Section 260Section 260ASection 32(1)Section 43(1)

…ons of Supreme Court in ‘COMMISSIONER OF INCOME-TAX, CENTRAL – III VS. HCL TECHNOLOGIES LTD.’, (2018) 404 ITR 719 (SC), ‘BHOR INDUSTRIES LTD. VS. COMMISSIONER OF INCOME-TAX’, (1961) 42 ITR 57 (SC) and ‘GVK INDUSTRIES LTD. VS. INCOME TAX OFFICER’, (2011) 332 ITR 130 (SC). 5. On the other hand, learned counsel for the revenue submitted that as per Section 45 of the Act, transfer of entire business of firm to company amounts 10 to transfer of capital asset. It is further submitted that Section 47(xiii) only takes out succession of transfer of capital asset or intangible asset within the amb…

Digi Drives Pvt. Ltd., Faridabad vs. ACIT, Circle- 1, Faridabad

ITA 9056/DEL/2019[2016-17]Status: DisposedITAT Delhi24 Aug 2020AY 2016-17

Bench: Shri Kuldip Singh

For Appellant: Shri Somil Agarwal, AdvocateFor Respondent: Shri Saras Kumar, Senior DR
Section 143Section 195Section 234BSection 40Section 9(1)(vii)

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘D’ : NEW DELHI) (THROUGH VIDEO CONFERENCE) SHRI R.K. PANDA, ACCOUNTANT MEMBER and BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.9056/Del./2019 (ASSESSMENT YEAR : 2016-17) M/s. Digi Drives Pt. Ltd., vs. ACIT, Circle 1, Plot No.148, Sector 58, Faridabad. Faridabad – 121 004. (PAN : AAACD7387A) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Somil Agarwal, Advocate REVENUE BY : Shri Saras Kumar, Senior DR Date of Hearing : 18.08.2020 Date of Order : 24.08.2020 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : Appellant, M/s. Digi Drives Pvt. Ltd. (hereinafter refe…

Lease Plan India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, both the appeals are allowed

ITA 6462/DEL/2015[2010-11]Status: DisposedITAT Delhi15 Jun 2020AY 2010-11

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Rajat Kumar Kuneel, Sr. DR
Section 195Section 234DSection 244ASection 40Section 9

…her relied upon the decision of CIT versus Bharti cellular Ltd 319 ITR 139 wherein the honourable Delhi High Court discussed meaning of the word „consultancy”. He also referred to the decision of the Honourable Supreme Court in GVK industries Private Limited (371 ITR 453) where the word “consultation” has been defined as an act of asking the advice or opinion of someone. Therefore in the factual metrics of the case, he held that certain managerial and consultancy services have been offered by the holding company by way of executing the guarantee agreement in which it has undertaken to bind itself as a surety to a…

Lease Plan India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, both the appeals are allowed

ITA 6461/DEL/2015[2009-10]Status: DisposedITAT Delhi15 Jun 2020AY 2009-10

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Rajat Kumar Kuneel, Sr. DR
Section 195Section 234DSection 244ASection 40Section 9

…her relied upon the decision of CIT versus Bharti cellular Ltd 319 ITR 139 wherein the honourable Delhi High Court discussed meaning of the word „consultancy”. He also referred to the decision of the Honourable Supreme Court in GVK industries Private Limited (371 ITR 453) where the word “consultation” has been defined as an act of asking the advice or opinion of someone. Therefore in the factual metrics of the case, he held that certain managerial and consultancy services have been offered by the holding company by way of executing the guarantee agreement in which it has undertaken to bind itself as a surety to a…

ACIT, Circle - 25, Kolkata vs. Sri Subhatosh Majumder, Kolkata

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

ITA 2006/KOL/2017[2011-12]Status: DisposedITAT Kolkata26 Feb 2020AY 2011-12

Bench: Shri A.T. Varkery, Jm & Dr. Arjun Lal Saini, Am ]

Section 194JSection 195Section 195(1)Section 40Section 9(1)(vii)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C-SMC”BENCH: KOLKATA [Before Shri A.T. Varkery, JM & Dr. Arjun Lal Saini, AM ] I.TA No. 2006/Kol/2017 A.Y 2011-12 A.C.I.T, Cir-25, Kolkata Vs. Sri Subhatosh Majumder PAN: AGSPM 8745N Appellant Respondent Date of Hearing 07-02-2020 Date of Pronouncement 26.02.2020 For the Appellant Dr. P.K. Srihari, CIT. ld.DR For the Respondent S/Shri J.P. Khaitanm Sr. Advocate, & Shri Pratyush Juhnjhunwala, Advocate, ld.ARs ORDER Shri A.T. Varkery, JM This appeal has been preferred by the revenue against the order dated 05-05-2017 of Ld. CIT (Appeals),- 7, Kolkatafor the assessment…

DCIT Large Tax Payer Unit 1, Chennai vs. M/S Sundaram Asset Management Company Limited, Chennai

In the result, both the appeals of the assessee(ITA no

ITA 468/CHNY/2018[2014-15]Status: DisposedITAT Chennai03 Oct 2019AY 2014-15

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

For Appellant: Mr.Raghavan RamabadranFor Respondent: Dr. M.Srinivasa Rao, CIT
Section 143(3)Section 40

…he situs of rendering service in India is not relevant as long as the services are utilized in India. 6.19 The concept of source rule has been eloquently explained by the Hon'ble Supreme Court of India in the case of GVK Industries Ltd v. Income Tax Officer (371 ITR 453)(SC) as follows: 23. Having stated about the "source rule", it is necessary to appropriately appreciate how the concept has developed. At the time of formation of "League of Nations" at the end. of 1920, it comprised of only 27 countries dominated by the European States and the United States of America. The United "Nations that was formed after…

DCIT Large Tax Payer Unit 1, Chennai vs. M/S Sundaram Asset Management Company Limited, Chennai

In the result, both the appeals of the assessee(ITA no

ITA 467/CHNY/2018[2013-14]Status: DisposedITAT Chennai03 Oct 2019AY 2013-14

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

For Appellant: Mr.Raghavan RamabadranFor Respondent: Dr. M.Srinivasa Rao, CIT
Section 143(3)Section 40

…he situs of rendering service in India is not relevant as long as the services are utilized in India. 6.19 The concept of source rule has been eloquently explained by the Hon'ble Supreme Court of India in the case of GVK Industries Ltd v. Income Tax Officer (371 ITR 453)(SC) as follows: 23. Having stated about the "source rule", it is necessary to appropriately appreciate how the concept has developed. At the time of formation of "League of Nations" at the end. of 1920, it comprised of only 27 countries dominated by the European States and the United States of America. The United "Nations that was formed after…

DCIT Large Tax Payer Unit 1, Chennai vs. M/S Sundaram Asset Management Company Limited, Chennai

In the result, both the appeals of the assessee(ITA no

ITA 466/CHNY/2018[2012-13]Status: DisposedITAT Chennai03 Oct 2019AY 2012-13

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

For Appellant: Mr.Raghavan RamabadranFor Respondent: Dr. M.Srinivasa Rao, CIT
Section 143(3)Section 40

…he situs of rendering service in India is not relevant as long as the services are utilized in India. 6.19 The concept of source rule has been eloquently explained by the Hon'ble Supreme Court of India in the case of GVK Industries Ltd v. Income Tax Officer (371 ITR 453)(SC) as follows: 23. Having stated about the "source rule", it is necessary to appropriately appreciate how the concept has developed. At the time of formation of "League of Nations" at the end. of 1920, it comprised of only 27 countries dominated by the European States and the United States of America. The United "Nations that was formed after…

DCIT Large Tax Payer Unit 1, Chennai vs. M/S Sundaram Asset Management Company Limited, Chennai

In the result, both the appeals of the assessee(ITA no

ITA 465/CHNY/2018[2011-12]Status: DisposedITAT Chennai03 Oct 2019AY 2011-12

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

For Appellant: Mr.Raghavan RamabadranFor Respondent: Dr. M.Srinivasa Rao, CIT
Section 143(3)Section 40

…he situs of rendering service in India is not relevant as long as the services are utilized in India. 6.19 The concept of source rule has been eloquently explained by the Hon'ble Supreme Court of India in the case of GVK Industries Ltd v. Income Tax Officer (371 ITR 453)(SC) as follows: 23. Having stated about the "source rule", it is necessary to appropriately appreciate how the concept has developed. At the time of formation of "League of Nations" at the end. of 1920, it comprised of only 27 countries dominated by the European States and the United States of America. The United "Nations that was formed after…

M/S Sundaram Asset Management Company Limited, Chennai vs. DCIT Large Tax Payer Unit 1, Chennai

In the result, both the appeals of the assessee(ITA no

ITA 422/CHNY/2018[2014-15]Status: DisposedITAT Chennai03 Oct 2019AY 2014-15

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

For Appellant: Mr.Raghavan RamabadranFor Respondent: Dr. M.Srinivasa Rao, CIT
Section 143(3)Section 40

…he situs of rendering service in India is not relevant as long as the services are utilized in India. 6.19 The concept of source rule has been eloquently explained by the Hon'ble Supreme Court of India in the case of GVK Industries Ltd v. Income Tax Officer (371 ITR 453)(SC) as follows: 23. Having stated about the "source rule", it is necessary to appropriately appreciate how the concept has developed. At the time of formation of "League of Nations" at the end. of 1920, it comprised of only 27 countries dominated by the European States and the United States of America. The United "Nations that was formed after…

M/S Sundaram Asset Management Company Limited, Chennai vs. DCIT Large Tax Payer Unit 1, Chennai

In the result, both the appeals of the assessee(ITA no

ITA 421/CHNY/2018[2013-14]Status: DisposedITAT Chennai03 Oct 2019AY 2013-14

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

For Appellant: Mr.Raghavan RamabadranFor Respondent: Dr. M.Srinivasa Rao, CIT
Section 143(3)Section 40

…he situs of rendering service in India is not relevant as long as the services are utilized in India. 6.19 The concept of source rule has been eloquently explained by the Hon'ble Supreme Court of India in the case of GVK Industries Ltd v. Income Tax Officer (371 ITR 453)(SC) as follows: 23. Having stated about the "source rule", it is necessary to appropriately appreciate how the concept has developed. At the time of formation of "League of Nations" at the end. of 1920, it comprised of only 27 countries dominated by the European States and the United States of America. The United "Nations that was formed after…

M/S Sundaram Asset Management Company Limited, Chennai vs. DCIT Large Tax Payer Unit 1, Chennai

In the result, both the appeals of the assessee(ITA no

ITA 420/CHNY/2018[2012-13]Status: DisposedITAT Chennai03 Oct 2019AY 2012-13

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

For Appellant: Mr.Raghavan RamabadranFor Respondent: Dr. M.Srinivasa Rao, CIT
Section 143(3)Section 40

…he situs of rendering service in India is not relevant as long as the services are utilized in India. 6.19 The concept of source rule has been eloquently explained by the Hon'ble Supreme Court of India in the case of GVK Industries Ltd v. Income Tax Officer (371 ITR 453)(SC) as follows: 23. Having stated about the "source rule", it is necessary to appropriately appreciate how the concept has developed. At the time of formation of "League of Nations" at the end. of 1920, it comprised of only 27 countries dominated by the European States and the United States of America. The United "Nations that was formed after…

M/S Sundaram Asset Management Company Limited, Chennai vs. DCIT Large Tax Payer Unit 1, Chennai

In the result, both the appeals of the assessee(ITA no

ITA 419/CHNY/2018[2011-12]Status: DisposedITAT Chennai03 Oct 2019AY 2011-12

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

For Appellant: Mr.Raghavan RamabadranFor Respondent: Dr. M.Srinivasa Rao, CIT
Section 143(3)Section 40

…he situs of rendering service in India is not relevant as long as the services are utilized in India. 6.19 The concept of source rule has been eloquently explained by the Hon'ble Supreme Court of India in the case of GVK Industries Ltd v. Income Tax Officer (371 ITR 453)(SC) as follows: 23. Having stated about the "source rule", it is necessary to appropriately appreciate how the concept has developed. At the time of formation of "League of Nations" at the end. of 1920, it comprised of only 27 countries dominated by the European States and the United States of America. The United "Nations that was formed after…

M/S. Pure Software Pvt. Ltd., New Delhi vs. ITO, New Delhi

Appeal of the assessee is allowed

ITA 715/DEL/2016[2012-13]Status: DisposedITAT Delhi19 Jun 2019AY 2012-13

Bench: Shri R. K. Panda & Ms Suchitra Kamblepure Software Pvt. Ltd. Vs Ito C/O. M/S Rra Tax India, Ward-20(2) D-28, South Extension, Part-1 C. R. Building New Delhi New Delhi Aadcp5432B (Appellant) (Respondent)

Section 115JSection 195Section 40Section 5Section 5(2)Section 9

…1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘F’ NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER Pure Software Pvt. Ltd. Vs ITO C/o. M/s RRA Tax India, Ward-20(2) D-28, South Extension, Part-1 C. R. Building New Delhi New Delhi AADCP5432B (APPELLANT) (RESPONDENT) Appellant by Dr. Rakesh Gupta, Sh. Somil Aggarwal, Sh. Deepesh Garg, & Sh. Shubham Sobti, Advs Respondent by Sh. Surender Pal, Sr. DR Date of Hearing 06.06.2019 Date of Pronouncement 19.06.2019 ORDER PER SUCHITRA KAMBLE, JM This appeal is filed by the assessee against the order dated 23/12/201…

M/S. Poddar Pigments Ltd., New Delhi vs. ACIT, New Delhi

The appeal of the assessee is allowed

ITA 5259/DEL/2016[2013-14]Status: DisposedITAT Delhi14 Jun 2019AY 2013-14

Bench: Hon’Ble, Shri G.D. Agrawal & Shri Kuldip Singh

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Surender Pal, Senior DR
Section 195Section 40

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘F’ : NEW DELHI) BEFORE HON’BLE VICE PRESIDENT, SHRI G.D. AGRAWAL and SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.5259/Del./2016 (ASSESSMENT YEAR : 2013-14) M/s. Poddar Pigments Ltd., vs. ACIT, Circle 20 (1), A – 283, Ground Floor, New Delhi. Okhla Industrial Area, Phase – I, New Delhi – 110 020. (PAN : AAACP1125E) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri P.C. Parwal, CA REVENUE BY : Shri Surender Pal, Senior DR Date of Hearing : 12.06.2019 Date of Order : 14.06.2019 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : Appellant, M/s. Poddar Pigments Ltd. (hereinafter r…