JCIT v. Modern Insulators Ltd.

140 TTJ 715Income Tax Appellate Tribunal#22635 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2018.

Judgments citing JCIT v. Modern Insulators Ltd.

DCIT RG 1(2), MUMBAI vs. LIBRA TECHON LTD, MUMBAI

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

ITA 4480/MUM/2013[2008-09]Status: DisposedITAT Mumbai24 Aug 2018AY 2008-09

Bench: Shri Mahavir Singh() & Shri G Manjunatha ()

Section 10(34)Section 143(2)Section 143(3)Section 14ASection 194CSection 194JSection 195Section 40

…assessee. Insofar as payment made to Legane Consultancy Ltd, by considering the agreement entered into between the assessee and Legane Consultancy Ltd and also by following the decision of ITAT Jaipur Bench in the case of JCIT vs Modern Insulators Ltd (2011 140 TTJ 715 (Jaipur) held that once payment has been made outside India to any person for rendering services outside India, then the provisions of section 195 has no application, consequently, disallowance cannot be made u/s 40(a)(i) of the Income-tax Act, 1961. We find that in respect of payment made to Industrial Development & Promotion Company Ltd, the…

LIBRA TECHCON LTD,MUMBAI vs. DCIT 1(2), MUMBAI

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

ITA 2475/MUM/2013[2008-09]Status: DisposedITAT Mumbai24 Aug 2018AY 2008-09

Bench: Shri Mahavir Singh() & Shri G Manjunatha ()

Section 10(34)Section 143(2)Section 143(3)Section 14ASection 194CSection 194JSection 195Section 40

…assessee. Insofar as payment made to Legane Consultancy Ltd, by considering the agreement entered into between the assessee and Legane Consultancy Ltd and also by following the decision of ITAT Jaipur Bench in the case of JCIT vs Modern Insulators Ltd (2011 140 TTJ 715 (Jaipur) held that once payment has been made outside India to any person for rendering services outside India, then the provisions of section 195 has no application, consequently, disallowance cannot be made u/s 40(a)(i) of the Income-tax Act, 1961. We find that in respect of payment made to Industrial Development & Promotion Company Ltd, the…

AMBICA STEELS LTD.,DELHI vs. ADDL. CIT, NEW DELHI

In the result the appeal is allowed

ITA 3893/DEL/2014[2010-11]Status: DisposedITAT Delhi03 Oct 2017AY 2010-11

Bench: Shri Amit Shukla & Shri O.P. Kantin Ita No. 3893/Del/2014 Assessment Year: 2010-11 Ambica Steels Ltd. Vs. Addl. Cit C-54/1, Wazirpur Industrial Range -1, Area, Delhi New Delhi (Applicant) (Respondent) (Pan: Aaaca9942Q) Assessee By: Shri S.K. Jain, Ca Shri Nitin Jain, Ca Revenue By: Shri R.C. Danday, Sr. Dr Date Of Hearing 13/09/2017 Date Of Pronouncement 03/10/2017

For Appellant: Shri S.K. Jain, CAFor Respondent: Shri R.C. Danday, Sr. DR
Section 143(3)Section 260ASection 40Section 9

…es Ltd. 140 TTJ 796 has held that the commission paid to non-resident agent for services rendered outside India are not chargeable to tax in India. Similar view has also been expressed by the Hon’ble ITAT, Jaipur in the case of ACIT Vs. Modern Insulators Ltd. 140 TTJ 715. The AO while making addition has relied upon the judgment of Hon’ble ITAT, Delhi which as pointed out by the Id AR has been overruled by the Hon’ble Delhi High Court in the case of Vanoord ACZ India Pvt. Ltd. Vs. CIT 323 ITR 130. Further the Hon'ble Delhi High court recently in CIT Vs. Eon Technology Pvt. Ltd. (2012) 246 CTR (Del) 40 on similar…

JCIT v. Modern Insulators Ltd. (140 TTJ 715) — Cited in 3 Judgments | BharatTax