Kanchenjunga Sea Foods Ltd. v. CIT

DCIT, CHENNAI vs. M/S. UNITED INDIA INSURANCE CO. LTD., CHENNAI

In the result, all the appeals filed by the Revenue for the assessment years 2003-04, 2004-05, 2005-06, 2006-07, 2008-09,

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1673, 1688, 1689, 1691/Chny/2011 िनधा"रण वष" / Assessment Years: 2003-04, 2004-05, 2005-06, 2006-07 Assistant Commissioner Of Income M/S. United India Insurance Co. Tax, V. Ltd., Large Tax Payer Unit, 24, Whites Road, Chennai – Chennai. 600 014. [Pan: Aaacu-5552-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos: 1693/Chny/2011, 36/Chny/2014 & 696/Chny/2014 िनधा"रण वष" / Assessment Years: 2008-09, 2009-10 & 2010-11 Deputy Commissioner Of Income M/S. United India Insurance Co. Tax, V. Ltd., Large Tax Payer Unit, 24, Whites Road, Chennai – Chennai. 600 014. [Pan: Aaacu-5552-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee Represented By : Shri. S. Sundararaman, Ca Department Represented By : Shri. M. Swaminathan, Sr.Standing Counsel & Ms. V. Pushpa, Jr. Standing Counsel सुनवाई क" तार"ख/Date Of Hearing : 10.08.2022 घोषणा क" तार"ख/Date Of Pronouncement : 26.08.2022 आदेश /O R D E R

…f reinsurance premium by the assessee to the non-resident reinsurers without deduction of TDS u/s 195 of the Act shall be taxable in the hands of the Indian insurers based on the decision of Hon'ble Supreme Court in the case of Kanchanganga Sea Foods Limited (325 ITR 540) The facts of the above said case of the Honorable Supreme Court is being compared with the present case as under: Sl Rule of the Supreme Court Facts of the assessee's case No in the case of Kanchanganga Sea Food Limited 1 A plain reading of the In the instant case, the provisions of the Indian reinsurance premium has arisen Income Tax Act makes…

DCIT, CHENNAI vs. M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., CHENNAI

In the result, appeal filed by the Revenue for the Assessment year

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1356/Chny/2013, 1626/Chny/2011 & 2310/Chny/2014 िनधा"रण वष" / Assessment Years: 2009-10, 2005-06 & 2010-11 M/S. Royal Sundaram Alliance Assistant Commissioner Of Insurance Company Limited V. Income Tax, “Sundaram Towers” Large Tax Payer Unit, 45 & 46, Whites Road, Chennai. Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1628, 1629 & 1630/Chny/2011 िनधा"रण वष" / Assessment Years: 2006-07, 2007-08 & 2008-09 M/S. Royal Sundaram Alliance Deputy Commissioner Of Insurance Company Limited V. Income Tax, “Sundaram Towers” Large Tax Payer Unit, 45 & 46, Whites Road, Chennai. Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1666/Chny/2011 िनधा"रण वष" / Assessment Years: 2005-06 Assistant Commissioner Of Income M/S. Royal Sundaram Alliance Tax, V. Insurance Company Limited Large Tax Payer Unit, “Sundaram Towers” Chennai. 45 & 46, Whites Road, Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee Represented By : Shri. Sandeep Bagmar, Advocate

…f reinsurance premium by the assessee to the non-resident reinsurers without deduction of TDS u/s 195 of the Act shall be taxable in the hands of the Indian insurers based on the decision of Hon'ble Supreme Court in the case of Kanchanganga Sea Foods Limited (325 ITR 540) The facts of the above said case of the Honorable Supreme Court is being compared with the present case as under: Sl Rule of the Supreme Court Facts of the assessee's case No in the case of Kanchanganga Sea Food Limited 1 A plain reading of the In the instant case, the provisions of the Indian reinsurance premium has arisen Income Tax Act makes…

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, appeal filed by the Revenue for the Assessment year

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1356/Chny/2013, 1626/Chny/2011 & 2310/Chny/2014 िनधा"रण वष" / Assessment Years: 2009-10, 2005-06 & 2010-11 M/S. Royal Sundaram Alliance Assistant Commissioner Of Insurance Company Limited V. Income Tax, “Sundaram Towers” Large Tax Payer Unit, 45 & 46, Whites Road, Chennai. Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1628, 1629 & 1630/Chny/2011 िनधा"रण वष" / Assessment Years: 2006-07, 2007-08 & 2008-09 M/S. Royal Sundaram Alliance Deputy Commissioner Of Insurance Company Limited V. Income Tax, “Sundaram Towers” Large Tax Payer Unit, 45 & 46, Whites Road, Chennai. Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1666/Chny/2011 िनधा"रण वष" / Assessment Years: 2005-06 Assistant Commissioner Of Income M/S. Royal Sundaram Alliance Tax, V. Insurance Company Limited Large Tax Payer Unit, “Sundaram Towers” Chennai. 45 & 46, Whites Road, Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee Represented By : Shri. Sandeep Bagmar, Advocate

…f reinsurance premium by the assessee to the non-resident reinsurers without deduction of TDS u/s 195 of the Act shall be taxable in the hands of the Indian insurers based on the decision of Hon'ble Supreme Court in the case of Kanchanganga Sea Foods Limited (325 ITR 540) The facts of the above said case of the Honorable Supreme Court is being compared with the present case as under: Sl Rule of the Supreme Court Facts of the assessee's case No in the case of Kanchanganga Sea Food Limited 1 A plain reading of the In the instant case, the provisions of the Indian reinsurance premium has arisen Income Tax Act makes…

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, appeal filed by the Revenue for the Assessment year

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1356/Chny/2013, 1626/Chny/2011 & 2310/Chny/2014 िनधा"रण वष" / Assessment Years: 2009-10, 2005-06 & 2010-11 M/S. Royal Sundaram Alliance Assistant Commissioner Of Insurance Company Limited V. Income Tax, “Sundaram Towers” Large Tax Payer Unit, 45 & 46, Whites Road, Chennai. Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1628, 1629 & 1630/Chny/2011 िनधा"रण वष" / Assessment Years: 2006-07, 2007-08 & 2008-09 M/S. Royal Sundaram Alliance Deputy Commissioner Of Insurance Company Limited V. Income Tax, “Sundaram Towers” Large Tax Payer Unit, 45 & 46, Whites Road, Chennai. Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1666/Chny/2011 िनधा"रण वष" / Assessment Years: 2005-06 Assistant Commissioner Of Income M/S. Royal Sundaram Alliance Tax, V. Insurance Company Limited Large Tax Payer Unit, “Sundaram Towers” Chennai. 45 & 46, Whites Road, Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee Represented By : Shri. Sandeep Bagmar, Advocate

…f reinsurance premium by the assessee to the non-resident reinsurers without deduction of TDS u/s 195 of the Act shall be taxable in the hands of the Indian insurers based on the decision of Hon'ble Supreme Court in the case of Kanchanganga Sea Foods Limited (325 ITR 540) The facts of the above said case of the Honorable Supreme Court is being compared with the present case as under: Sl Rule of the Supreme Court Facts of the assessee's case No in the case of Kanchanganga Sea Food Limited 1 A plain reading of the In the instant case, the provisions of the Indian reinsurance premium has arisen Income Tax Act makes…

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, appeal filed by the Revenue for the Assessment year

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1356/Chny/2013, 1626/Chny/2011 & 2310/Chny/2014 िनधा"रण वष" / Assessment Years: 2009-10, 2005-06 & 2010-11 M/S. Royal Sundaram Alliance Assistant Commissioner Of Insurance Company Limited V. Income Tax, “Sundaram Towers” Large Tax Payer Unit, 45 & 46, Whites Road, Chennai. Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1628, 1629 & 1630/Chny/2011 िनधा"रण वष" / Assessment Years: 2006-07, 2007-08 & 2008-09 M/S. Royal Sundaram Alliance Deputy Commissioner Of Insurance Company Limited V. Income Tax, “Sundaram Towers” Large Tax Payer Unit, 45 & 46, Whites Road, Chennai. Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1666/Chny/2011 िनधा"रण वष" / Assessment Years: 2005-06 Assistant Commissioner Of Income M/S. Royal Sundaram Alliance Tax, V. Insurance Company Limited Large Tax Payer Unit, “Sundaram Towers” Chennai. 45 & 46, Whites Road, Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee Represented By : Shri. Sandeep Bagmar, Advocate

…f reinsurance premium by the assessee to the non-resident reinsurers without deduction of TDS u/s 195 of the Act shall be taxable in the hands of the Indian insurers based on the decision of Hon'ble Supreme Court in the case of Kanchanganga Sea Foods Limited (325 ITR 540) The facts of the above said case of the Honorable Supreme Court is being compared with the present case as under: Sl Rule of the Supreme Court Facts of the assessee's case No in the case of Kanchanganga Sea Food Limited 1 A plain reading of the In the instant case, the provisions of the Indian reinsurance premium has arisen Income Tax Act makes…

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, appeal filed by the Revenue for the Assessment year

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1356/Chny/2013, 1626/Chny/2011 & 2310/Chny/2014 िनधा"रण वष" / Assessment Years: 2009-10, 2005-06 & 2010-11 M/S. Royal Sundaram Alliance Assistant Commissioner Of Insurance Company Limited V. Income Tax, “Sundaram Towers” Large Tax Payer Unit, 45 & 46, Whites Road, Chennai. Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1628, 1629 & 1630/Chny/2011 िनधा"रण वष" / Assessment Years: 2006-07, 2007-08 & 2008-09 M/S. Royal Sundaram Alliance Deputy Commissioner Of Insurance Company Limited V. Income Tax, “Sundaram Towers” Large Tax Payer Unit, 45 & 46, Whites Road, Chennai. Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1666/Chny/2011 िनधा"रण वष" / Assessment Years: 2005-06 Assistant Commissioner Of Income M/S. Royal Sundaram Alliance Tax, V. Insurance Company Limited Large Tax Payer Unit, “Sundaram Towers” Chennai. 45 & 46, Whites Road, Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee Represented By : Shri. Sandeep Bagmar, Advocate

…f reinsurance premium by the assessee to the non-resident reinsurers without deduction of TDS u/s 195 of the Act shall be taxable in the hands of the Indian insurers based on the decision of Hon'ble Supreme Court in the case of Kanchanganga Sea Foods Limited (325 ITR 540) The facts of the above said case of the Honorable Supreme Court is being compared with the present case as under: Sl Rule of the Supreme Court Facts of the assessee's case No in the case of Kanchanganga Sea Food Limited 1 A plain reading of the In the instant case, the provisions of the Indian reinsurance premium has arisen Income Tax Act makes…

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.,CHENNAI vs. ACIT, CHENNAI

Bench: Shri V.Durga Rao & Shri G. Manjunatha(अपीलाथ"/Appellant) (""यथ"/Respondent) S.

…pt of income in India attracts tax, irrespective of whether income accrued or arose in India or outside India. The learned Sr. Standing Counsel further referring to decision of the Hon'ble Supreme Court in the case of Kanchenjunga Sea Foods Ltd Vs. CIT (2010) 325 ITR 540 (SC) submitted that Hon'ble Supreme Court reiterated that income is received at a place where recipient first controls it. In the facts of the present case, non- resident reinsurer was held to have gained control over specific percentage in insurance premium only when it was apportioned ITA Nos. 40/Chny/2009, 1759 & 1676/Chny/2011, 1366/Chny/2013…

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.,CHENNAI vs. ACIT, CHENNAI

Bench: Shri V.Durga Rao & Shri G. Manjunatha(अपीलाथ"/Appellant) (""यथ"/Respondent) S.

…pt of income in India attracts tax, irrespective of whether income accrued or arose in India or outside India. The learned Sr. Standing Counsel further referring to decision of the Hon'ble Supreme Court in the case of Kanchenjunga Sea Foods Ltd Vs. CIT (2010) 325 ITR 540 (SC) submitted that Hon'ble Supreme Court reiterated that income is received at a place where recipient first controls it. In the facts of the present case, non- resident reinsurer was held to have gained control over specific percentage in insurance premium only when it was apportioned ITA Nos. 40/Chny/2009, 1759 & 1676/Chny/2011, 1366/Chny/2013…

ACIT, CHENNAI vs. M/S. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, CHENNAI

Bench: Shri V.Durga Rao & Shri G. Manjunatha(अपीलाथ"/Appellant) (""यथ"/Respondent) S.

…pt of income in India attracts tax, irrespective of whether income accrued or arose in India or outside India. The learned Sr. Standing Counsel further referring to decision of the Hon'ble Supreme Court in the case of Kanchenjunga Sea Foods Ltd Vs. CIT (2010) 325 ITR 540 (SC) submitted that Hon'ble Supreme Court reiterated that income is received at a place where recipient first controls it. In the facts of the present case, non- resident reinsurer was held to have gained control over specific percentage in insurance premium only when it was apportioned ITA Nos. 40/Chny/2009, 1759 & 1676/Chny/2011, 1366/Chny/2013…

M/S. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.,CHENNAI vs. ACIT, CHENNAI

Bench: Shri V.Durga Rao & Shri G. Manjunatha(अपीलाथ"/Appellant) (""यथ"/Respondent) S.

…pt of income in India attracts tax, irrespective of whether income accrued or arose in India or outside India. The learned Sr. Standing Counsel further referring to decision of the Hon'ble Supreme Court in the case of Kanchenjunga Sea Foods Ltd Vs. CIT (2010) 325 ITR 540 (SC) submitted that Hon'ble Supreme Court reiterated that income is received at a place where recipient first controls it. In the facts of the present case, non- resident reinsurer was held to have gained control over specific percentage in insurance premium only when it was apportioned ITA Nos. 40/Chny/2009, 1759 & 1676/Chny/2011, 1366/Chny/2013…

ACIT LTU 2 , CHENNAI vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, CHENNAI

Bench: Shri V.Durga Rao & Shri G. Manjunatha(अपीलाथ"/Appellant) (""यथ"/Respondent) S.

…pt of income in India attracts tax, irrespective of whether income accrued or arose in India or outside India. The learned Sr. Standing Counsel further referring to decision of the Hon'ble Supreme Court in the case of Kanchenjunga Sea Foods Ltd Vs. CIT (2010) 325 ITR 540 (SC) submitted that Hon'ble Supreme Court reiterated that income is received at a place where recipient first controls it. In the facts of the present case, non- resident reinsurer was held to have gained control over specific percentage in insurance premium only when it was apportioned ITA Nos. 40/Chny/2009, 1759 & 1676/Chny/2011, 1366/Chny/2013…

ACIT LTU 2 , CHENNAI vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, CHENNAI

Bench: Shri V.Durga Rao & Shri G. Manjunatha(अपीलाथ"/Appellant) (""यथ"/Respondent) S.

…pt of income in India attracts tax, irrespective of whether income accrued or arose in India or outside India. The learned Sr. Standing Counsel further referring to decision of the Hon'ble Supreme Court in the case of Kanchenjunga Sea Foods Ltd Vs. CIT (2010) 325 ITR 540 (SC) submitted that Hon'ble Supreme Court reiterated that income is received at a place where recipient first controls it. In the facts of the present case, non- resident reinsurer was held to have gained control over specific percentage in insurance premium only when it was apportioned ITA Nos. 40/Chny/2009, 1759 & 1676/Chny/2011, 1366/Chny/2013…

M/S CHOLAMANDALAM MS GENERAL INSUSRANCE COMPANY LIMITED,CHENNAI vs. DCIT, PARGE TAX PAYER UNIT 2

Bench: Shri V.Durga Rao & Shri G. Manjunatha(अपीलाथ"/Appellant) (""यथ"/Respondent) S.

…pt of income in India attracts tax, irrespective of whether income accrued or arose in India or outside India. The learned Sr. Standing Counsel further referring to decision of the Hon'ble Supreme Court in the case of Kanchenjunga Sea Foods Ltd Vs. CIT (2010) 325 ITR 540 (SC) submitted that Hon'ble Supreme Court reiterated that income is received at a place where recipient first controls it. In the facts of the present case, non- resident reinsurer was held to have gained control over specific percentage in insurance premium only when it was apportioned ITA Nos. 40/Chny/2009, 1759 & 1676/Chny/2011, 1366/Chny/2013…

M/S CHOLAMANDALAM MS GENERAL INSUSRANCE COMPANY LIMITED,CHENNAI vs. DCIT, PARGE TAX PAYER UNIT 2

Bench: Shri V.Durga Rao & Shri G. Manjunatha(अपीलाथ"/Appellant) (""यथ"/Respondent) S.

…pt of income in India attracts tax, irrespective of whether income accrued or arose in India or outside India. The learned Sr. Standing Counsel further referring to decision of the Hon'ble Supreme Court in the case of Kanchenjunga Sea Foods Ltd Vs. CIT (2010) 325 ITR 540 (SC) submitted that Hon'ble Supreme Court reiterated that income is received at a place where recipient first controls it. In the facts of the present case, non- resident reinsurer was held to have gained control over specific percentage in insurance premium only when it was apportioned ITA Nos. 40/Chny/2009, 1759 & 1676/Chny/2011, 1366/Chny/2013…

M/S CHOLAMANDALAM MS GENERAL INSUSRANCE COMPANY LIMITED,CHENNAI vs. DCIT, PARGE TAX PAYER UNIT 2

Bench: Shri V.Durga Rao & Shri G. Manjunatha(अपीलाथ"/Appellant) (""यथ"/Respondent) S.

…pt of income in India attracts tax, irrespective of whether income accrued or arose in India or outside India. The learned Sr. Standing Counsel further referring to decision of the Hon'ble Supreme Court in the case of Kanchenjunga Sea Foods Ltd Vs. CIT (2010) 325 ITR 540 (SC) submitted that Hon'ble Supreme Court reiterated that income is received at a place where recipient first controls it. In the facts of the present case, non- resident reinsurer was held to have gained control over specific percentage in insurance premium only when it was apportioned ITA Nos. 40/Chny/2009, 1759 & 1676/Chny/2011, 1366/Chny/2013…

ACIT, CHENNAI vs. UNITED INDIA INSURANCE COMPANY, CHENNAI

In the result, all the appeals filed by the Revenue for the assessment years 2003-04, 2004-05, 2005-06, 2006-07, 2008-09,

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1673, 1688, 1689, 1691/Chny/2011 िनधा"रण वष" / Assessment Years: 2003-04, 2004-05, 2005-06, 2006-07 Assistant Commissioner Of Income M/S. United India Insurance Co. Tax, V. Ltd., Large Tax Payer Unit, 24, Whites Road, Chennai – Chennai. 600 014. [Pan: Aaacu-5552-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos: 1693/Chny/2011, 36/Chny/2014 & 696/Chny/2014 िनधा"रण वष" / Assessment Years: 2008-09, 2009-10 & 2010-11 Deputy Commissioner Of Income M/S. United India Insurance Co. Tax, V. Ltd., Large Tax Payer Unit, 24, Whites Road, Chennai – Chennai. 600 014. [Pan: Aaacu-5552-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee Represented By : Shri. S. Sundararaman, Ca Department Represented By : Shri. M. Swaminathan, Sr.Standing Counsel & Ms. V. Pushpa, Jr. Standing Counsel सुनवाई क" तार"ख/Date Of Hearing : 10.08.2022 घोषणा क" तार"ख/Date Of Pronouncement : 26.08.2022 आदेश /O R D E R

…f reinsurance premium by the assessee to the non-resident reinsurers without deduction of TDS u/s 195 of the Act shall be taxable in the hands of the Indian insurers based on the decision of Hon'ble Supreme Court in the case of Kanchanganga Sea Foods Limited (325 ITR 540) The facts of the above said case of the Honorable Supreme Court is being compared with the present case as under: Sl Rule of the Supreme Court Facts of the assessee's case No in the case of Kanchanganga Sea Food Limited 1 A plain reading of the In the instant case, the provisions of the Indian reinsurance premium has arisen Income Tax Act makes…

ACIT, CHENNAI vs. M/S. UNITED INDIA INSURANCE CO. LTD., CHENNAI

In the result, all the appeals filed by the Revenue for the assessment years 2003-04, 2004-05, 2005-06, 2006-07, 2008-09,

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1673, 1688, 1689, 1691/Chny/2011 िनधा"रण वष" / Assessment Years: 2003-04, 2004-05, 2005-06, 2006-07 Assistant Commissioner Of Income M/S. United India Insurance Co. Tax, V. Ltd., Large Tax Payer Unit, 24, Whites Road, Chennai – Chennai. 600 014. [Pan: Aaacu-5552-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos: 1693/Chny/2011, 36/Chny/2014 & 696/Chny/2014 िनधा"रण वष" / Assessment Years: 2008-09, 2009-10 & 2010-11 Deputy Commissioner Of Income M/S. United India Insurance Co. Tax, V. Ltd., Large Tax Payer Unit, 24, Whites Road, Chennai – Chennai. 600 014. [Pan: Aaacu-5552-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee Represented By : Shri. S. Sundararaman, Ca Department Represented By : Shri. M. Swaminathan, Sr.Standing Counsel & Ms. V. Pushpa, Jr. Standing Counsel सुनवाई क" तार"ख/Date Of Hearing : 10.08.2022 घोषणा क" तार"ख/Date Of Pronouncement : 26.08.2022 आदेश /O R D E R

…f reinsurance premium by the assessee to the non-resident reinsurers without deduction of TDS u/s 195 of the Act shall be taxable in the hands of the Indian insurers based on the decision of Hon'ble Supreme Court in the case of Kanchanganga Sea Foods Limited (325 ITR 540) The facts of the above said case of the Honorable Supreme Court is being compared with the present case as under: Sl Rule of the Supreme Court Facts of the assessee's case No in the case of Kanchanganga Sea Food Limited 1 A plain reading of the In the instant case, the provisions of the Indian reinsurance premium has arisen Income Tax Act makes…

ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,CHENNAI vs. ADDL. CIT, CHENNAI

In the result, appeal filed by the Revenue for the Assessment year

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1356/Chny/2013, 1626/Chny/2011 & 2310/Chny/2014 िनधा"रण वष" / Assessment Years: 2009-10, 2005-06 & 2010-11 M/S. Royal Sundaram Alliance Assistant Commissioner Of Insurance Company Limited V. Income Tax, “Sundaram Towers” Large Tax Payer Unit, 45 & 46, Whites Road, Chennai. Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1628, 1629 & 1630/Chny/2011 िनधा"रण वष" / Assessment Years: 2006-07, 2007-08 & 2008-09 M/S. Royal Sundaram Alliance Deputy Commissioner Of Insurance Company Limited V. Income Tax, “Sundaram Towers” Large Tax Payer Unit, 45 & 46, Whites Road, Chennai. Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 1666/Chny/2011 िनधा"रण वष" / Assessment Years: 2005-06 Assistant Commissioner Of Income M/S. Royal Sundaram Alliance Tax, V. Insurance Company Limited Large Tax Payer Unit, “Sundaram Towers” Chennai. 45 & 46, Whites Road, Chennai – 600 002. [Pan: Aabcr-7106-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee Represented By : Shri. Sandeep Bagmar, Advocate

…f reinsurance premium by the assessee to the non-resident reinsurers without deduction of TDS u/s 195 of the Act shall be taxable in the hands of the Indian insurers based on the decision of Hon'ble Supreme Court in the case of Kanchanganga Sea Foods Limited (325 ITR 540) The facts of the above said case of the Honorable Supreme Court is being compared with the present case as under: Sl Rule of the Supreme Court Facts of the assessee's case No in the case of Kanchanganga Sea Food Limited 1 A plain reading of the In the instant case, the provisions of the Indian reinsurance premium has arisen Income Tax Act makes…

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED,CHENNAI vs. DCIT, CHENNAI

Bench: Shri V.Durga Rao & Shri G. Manjunatha(अपीलाथ"/Appellant) (""यथ"/Respondent) S.

…pt of income in India attracts tax, irrespective of whether income accrued or arose in India or outside India. The learned Sr. Standing Counsel further referring to decision of the Hon'ble Supreme Court in the case of Kanchenjunga Sea Foods Ltd Vs. CIT (2010) 325 ITR 540 (SC) submitted that Hon'ble Supreme Court reiterated that income is received at a place where recipient first controls it. In the facts of the present case, non- resident reinsurer was held to have gained control over specific percentage in insurance premium only when it was apportioned ITA Nos. 40/Chny/2009, 1759 & 1676/Chny/2011, 1366/Chny/2013…

DCIT, CHENNAI vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD., CHENNAI

Bench: Shri V.Durga Rao & Shri G. Manjunatha(अपीलाथ"/Appellant) (""यथ"/Respondent) S.

…pt of income in India attracts tax, irrespective of whether income accrued or arose in India or outside India. The learned Sr. Standing Counsel further referring to decision of the Hon'ble Supreme Court in the case of Kanchenjunga Sea Foods Ltd Vs. CIT (2010) 325 ITR 540 (SC) submitted that Hon'ble Supreme Court reiterated that income is received at a place where recipient first controls it. In the facts of the present case, non- resident reinsurer was held to have gained control over specific percentage in insurance premium only when it was apportioned ITA Nos. 40/Chny/2009, 1759 & 1676/Chny/2011, 1366/Chny/2013…