Kruz Subsea Pte Ltd. v. DDIT (IT)

172 TTJ 291Income Tax Appellate Tribunal2015#19592 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2023.

Judgments citing Kruz Subsea Pte Ltd. v. DDIT (IT)

KREUZ SUBSEA PTE LTD.,MUMBAI vs. THE DY CIT, INTERNATIONAL TAXATION-3(1)(2), MUMBAI

In the result, the appeal of the assessee is allowed

ITA 1181/MUM/2021[2014-15]Status: DisposedITAT Mumbai31 Mar 2023AY 2014-15

Bench: Shri Aby T Varkey & Shri Amarjit Singhkreuz Subsea Pte Ltd. Vs. The Deputy C/O Srbc & Associates Commissioner Of Income- Llp, 16Th Floor, The Tax, International Ruby, 29, Senapati Taxation-3(1)(2) Bapat Marg, Room No. X, 16 Th Floor, Dadar (West), Air India Building, Mumbai – 400028 Nariman Point, Mumbai – 400 021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcl6822G Appellant .. Respondent Appellant By : Nitesh Joshi, Gaurav Shah, Milan Kapadia Respondent By : Vijay Shankar, Soumendu Kumar Das Date Of Hearing 03.01.2023 Date Of Pronouncement 31.03.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By The Drp-1(Wz) Dated 24.01.2020 For A.Y. 2014-15. The Assesse Has Raised The Following Grounds Before Us: “On The Facts & Circumstances Of The Case & In Law, The Assessing Officer Based On Directions Of Hon'Ble Dispute Resolution Panel (Drp) Has: 1. Erred In Assessing Total Income At Rs.11,10,05,440/- As Against Nil Returned Income

For Appellant: Nitesh Joshi, Gaurav ShahFor Respondent: Vijay Shankar, Soumendu
Section 143(2)Section 271(1)(c)Section 44B

…P a g e | 1 Kreuz Subsea Pte. Ltd. Vs. The DCIT, IT,-3(1)(2) IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE SHRI ABY T VARKEY, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Kreuz Subsea Pte Ltd. Vs. The Deputy C/o SRBC & Associates Commissioner of Income- LLP, 16th Floor, The tax, International Ruby, 29, Senapati Taxation-3(1)(2) Bapat Marg, Room No. X, 16 th Floor, Dadar (West), Air India Building, Mumbai – 400028 Nariman Point, Mumbai – 400 021 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AADCL6822G Appellant .. Respondent Appellant by : Nitesh Joshi, Gaurav Shah, Milan Kapadia Respondent…

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

In the result, both the appeals of assessee are partly allowed for statistical purposes

ITA 1636/MUM/2017[2013-14]Status: DisposedITAT Mumbai12 Oct 2018AY 2013-14

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am

For Appellant: Shri Sunil Motilala, ARFor Respondent: Shri Samuel Darse, DR
Section 143(3)Section 144C(13)

…f 10 percent. This view of ours is supported by the orders of this ITAT in the cases of Sumitomo Corpn vs. DCIT (2008) 114 ITD 61 (Del), Sumitomo Corpn Vs. DCIT (2014) 162 TTJ 46 (Del) and of Bombay ITAT in the case of Kruz Subsea Pte Ltd. v. DDIT (IT) (2015) 172 TTJ 291 (Mum). 12. As far as AY 2013-14 are concerned, we are of the view that in this assessment year the provisions of the Act, both receipts viz, the Service Fee and the Management fee, falls under the purview of Section 9(1)(vii) read with Explanation 2 thereto which defines fees for technical services which include ..“any consideration (including a…

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

In the result, both the appeals of assessee are partly allowed for statistical purposes

ITA 1635/MUM/2017[2012-13]Status: DisposedITAT Mumbai12 Oct 2018AY 2012-13

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am

For Appellant: Shri Sunil Motilala, ARFor Respondent: Shri Samuel Darse, DR
Section 143(3)Section 144C(13)

…f 10 percent. This view of ours is supported by the orders of this ITAT in the cases of Sumitomo Corpn vs. DCIT (2008) 114 ITD 61 (Del), Sumitomo Corpn Vs. DCIT (2014) 162 TTJ 46 (Del) and of Bombay ITAT in the case of Kruz Subsea Pte Ltd. v. DDIT (IT) (2015) 172 TTJ 291 (Mum). 12. As far as AY 2013-14 are concerned, we are of the view that in this assessment year the provisions of the Act, both receipts viz, the Service Fee and the Management fee, falls under the purview of Section 9(1)(vii) read with Explanation 2 thereto which defines fees for technical services which include ..“any consideration (including a…

ADIT (IT) CIR 2(2), MUMBAI vs. VALENTINE MARITIME (GULF) LLC., MUMBAI

In the result, this appeal filed by the assessee stands partly allowed

ITA 6414/MUM/2012[2009-10]Status: DisposedITAT Mumbai24 May 2017AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Ravish Sood, Jm

For Appellant: Shri Jasbir Chauhan (CIT-DR)For Respondent: Shri Hiro Rai
Section 44B

…rned DR referred to the decision of Mumbai Bench in the case of ACIT (International Taxation) v. Valentine Maritime (Mauritius) Ltd. [130 TTJ 417]. He further placed reliance upon the decision of ITAT Mumbai Bench in the case of Kreuz Subsea Pte. Ltd. v DCIT [172 TTJ 291]. Further, the learned Counsel submitted that the Assessing Officer has placed reliance upon Article 5(2)(h), hence he submitted that a different Article of the DTAA should not be applied for making the disallowance. 8. Upon careful consideration, we note that learned Counsel of the assessee has conceded that for the services rendered to Arcadia…

Kruz Subsea Pte Ltd. v. DDIT (IT) (172 TTJ 291) — Cited in 4 Judgments | BharatTax