M/s. Rolls Royce Plc v. DDIT

113 TTJ 446Income Tax Appellate Tribunal2008#22044 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2019.

Judgments citing M/s. Rolls Royce Plc v. DDIT

DCIT, Dehradun vs. M/S. Reed Hycalog Limited Partnership, Noida

In the result, the appeal of the Revenue is dismissed and the cross- objection of the assessee is partly allowed

ITA 6985/DEL/2014[2006-07]Status: DisposedITAT Delhi12 Apr 2019AY 2006-07

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2006-07

Section 126Section 147Section 148Section 234BSection 234C

…l and gas industry where books of account are not maintained. The Ld. AO is directed accordingly. 6. It is clear from the above order of the ld. CIT(A) that the ld. CIT(A) has followed the order of Tribunal in the case of M/s. Rolls Royce Plc vs. DDIT (2008) 113 TTJ 446 while working out the profit attribution against the direct sales @ 35% of 3.83% which comes to 1.34%. The profit on consignment sales has also 12 been rightly accepted @ 10%.The ld. DR could not be able to substantiate the profit @ 25% as worked out by the Assessing Officer on entire sales. No counter Authority has been cited by the Revenue aga…

Ge Nuovo Pignone Spa, Gurgaon vs. DCIT (International Taxation), Circle-1(3)(1), New Delhi

In the result, appeal filed by assessee stands partly allowed

ITA 6892/DEL/2017[2009-10]Status: DisposedITAT Delhi01 Jan 2019AY 2009-10

Bench: Shri Nk Saini & Smt. Beena A Pillaiay: 2009-10 Ge Nuovo Pignone Spa Vs. Dcit, International Taxation C/O 6Th Floor, Building No.7 A Circle 1(3)(1) Standard Chartered Building New Delhi Dlf Cyber City, Phase Iii Gurgaon 122 002 Haryana

For Appellant: Sh. Sachit Jolly, AdvFor Respondent: Sh. G.K.Dhall, CIT, D.R

Section 147Section 9

…eged PE in India in respect of offshore sale of spare parts, inter alia, on the following grounds: (a) Following the ratio of the Rolls Royce PLC v. DDIT decision reported in (2011) 339 ITR 147 (Delhi), which confirmed the decision of the Tribunal reported in 113 TTJ 446, without appreciating that the said ruling is clearly distinguishable from the Appellant's case on both facts and in law; (b) Arbitrarily estimating taxable profits in the hands of the Appellant in India in respect of offshore sales of equipment/spare parts to Indian Customers; (c) Arbitrarily allocating 35 per cent of aforesaid profits towards…

Hero Motocorp Limited, New Delhi vs. JCIT, New Delhi

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR

Section 143Section 143(3)Section 144CSection 92C

…609/Del/2016 and 914/Del/2016 (AY 2011-12) Page 315 of 484 office, which is a cost centre for incurring common corporate expenses pertaining to the overall business, could not be said to be a separate profit centre. ix) The decision of Rolls Royce Plc. DDIT: 113 TTJ 446, as relied upon the AO, subsequently affirmed by the Delhi High Court, reported at 339 ITR 147 (Delhi), has no application to the facts under consideration. In the aforesaid decision, the issue was of attribution of profits earned by the foreign company to operations carried out in India, as per the provisions of section 9(1)(i) read with Article…