What is Mahabir Commercial Co. Ltd. v. CIT authority for?

The intention of the parties is a crucial element in determining the situs where property passes to the buyer, which in turn is relevant for taxation.

How many judgments cite Mahabir Commercial Co. Ltd. v. CIT?

36 judgments on BharatTax cite Mahabir Commercial Co. Ltd. v. CIT (86 ITR 417), spanning 2010 to 2024.

Which sections of the Income Tax Act does Mahabir Commercial Co. Ltd. v. CIT come up under?

It is most often cited in judgments turning on Section 143(3), Section 144C(13), Section 234A, Section 234B, Section 270A, Section 144.

Mahabir Commercial Co. Ltd. v. CIT (86 ITR 417)

Bticino S.P.A, Italy vs. ACIT Intl. Taxation-1(1)(2), New Delhi

In the result, the appeal of the assessee is allowed

ITA 2294/DEL/2023[2020-21]Status: DisposedITAT Delhi24 Jul 2024AY 2020-21

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Appellant: Sh. S. K. Aggarwal, CAFor Respondent: Sh. Vizay B. Vasanta, CIT-DR

Section 143(3)Section 144C(13)Section 153Section 234ASection 270A

…)…………….. (2) Since all parts of the transaction in question, i.e., the transfer of property in goods as well as the payment, were carried on outside the Indian soil, the transaction could not have been taxed in India....”  Mahabir Commercial Co. Ltd. (1972) 86 ITR 417 (SC)  DIT vs. Nokia Networks OY (2012) 25 Taxmann.com 225 (Delhi High Court)  POSCO Engineering & Construction Co. Ltd. vs. ADIT [2014] 31 ITR (T) 255 (Delhi - Tribunal) 21. The contention of the AO that the assessee has 30% shareholding in Novateur India thereby it constitutes PE is against the express provisions of Article 5(6) to India - Ita…

Jiangsu Zhongtian Technology Co Ltd, Gurgaon vs. ACIT Circle Int Tax 2(1)(2), New Delhi

In the result, the appeal of the assessee is allowed and the Stay Application of the assessee is dismissed

ITA 350/DEL/2023[2020-21]Status: DisposedITAT Delhi27 Jun 2024AY 2020-21

Bench: Dr. B. R. R. Kumar, Sh. Anubhav Sharma

For Appellant: Sh. Kamal Sawhney, Adv. &For Respondent: Sh. Vizay B. Vasanta, CIT-DR

Section 143(3)Section 234A

…on to the mode of transport from the country of origin i.e., Japan. Therefore, there cannot be any dispute about the transfer of ownership having taken place in Japan. 41. So far as the decision in the case of Mahavir Commercial Co. Ltd. Vs. CIT, reported in 86 ITR 417 (SC) is concerned, we find the Hon’ble Supreme Court in the said decision has held that: “intention of the parties is, therefore, one of the important elements in determining the situs where the property passes to the buyer in pursuance of the contract.” Thus, in this judgment it is clear that it is the intention of the parties which will determin…

Jiangdong Fittings Equipments Co. Ltd., Gurgaon vs. ACIT Circle Int Tax 2(1)(2), New Delhi

In the result, appeals are allowed

ITA 349/DEL/2023[2020-21]Status: DisposedITAT Delhi05 Mar 2024AY 2020-21

Bench: Shri Saktijit Dey & Shri Pradip Kumar Kediajiangdong Fittings Vs. Acit Equipments Co. Ltd. Circle Int. Tax – 2(1)(2) C/O. Unit No.309 B, C, D, 3Rd New Delhi Floor, Magnum Tower I, Sector-58, Gurgaon, Haryana-122 011 Pan No. Aadcj 6890 K (Appellant) (Respondent) Assessee By Shri Kamal Sawhney, Shri Arun Bhadoriya & Shri Puru Medheria, Advs. Revenue By Shri Vizay B. Vasanta, Cit-D.R. Date Of Hearing: 28.02.2024 Date Of Pronouncement: 05.03.2024 Order Per Pradip Kumar Kedia, Am :

Section 143(3)Section 144C(13)Section 4

…on to the mode of transport from the country of origin i.e., Japan. Therefore, there cannot be any dispute about the transfer of ownership having taken place in Japan. 41. So far as the decision in the case of Mahavir Commercial Co. Ltd. Vs. CIT, reported in 86 ITR 417 (SC) is concerned, we find the Hon’ble Supreme Court in the said decision has held that: “intention of the parties is, therefore, one of the important elements in determining the situs where the property passes to the buyer in pursuance of the contract.” Thus, in this judgment it is clear that it is the intention of the parties which will determin…

Atomstroyexport, Mumbai vs. DCIT (It)Circle -1(1)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 575/MUM/2023[2020-2021]Status: DisposedITAT Mumbai12 Dec 2023AY 2020-2021

Bench: Shri Kuldip Singh, Jm & Ms Padmavathy S, Am

For Respondent: Shri Ajay Kumar Sharma, CIT-DR

Section 143(3)Section 234ASection 234BSection 44B

…cannot be attached to the fact that the agreement imposed on the assessee company the obligation to handover the equipment functionally completed……..' Hon'ble court placed reliance on the decision of Supreme Court in Mahabir Commercial Co. Ltd. v. CIT [1972] 86 ITR 417 and Sriram Bearings Ltd. (supra) and finally summed up the conclusion in the following manner:— "35. In the final analysis we have no hesitation in holding that viewed from any angle, the fact situation in the instant case is almost identical to that in the case of Ishikawajma Harima Heavy Industries Co. Ltd. (supra) and the law as enunciated by…

Jiangdong Fittings Equipments Co. Ltd, Gurgaon vs. ACIT, Circle International Taxation2(1)(2), New Delhi

In the result, appeals are allowed

ITA 2291/DEL/2022[2019-20]Status: DisposedITAT Delhi29 Nov 2023AY 2019-20

Bench: Shri G.S. Pannu, Vice- & Shri Saktijit Dey, Vice-Ita Nos. 2290 & 2291/Del/2022 Assessment Years: 2018-19 & 2019-20 Jiangdong Fittings Equipments Versus Acit, Circle 2(1)(2), Co., Unit No. 309, B.C.D. 3Rd International Taxation, Floor, Magnum Tower I, Sector New Delhi. 58, Gurgaon. Pan:Aadcj6890K (Appellant) (Respondent) Assessee By : Sh. Kamal Sawhney, Advocate & Sh. Nishank Vashistha, Advocate Revenue By : Sh. Vizay B. Vasanta, Cit-Dr Date Of Hearing : 10.11.2023 Date Of Pronouncement: 29.11.2023 Order

For Appellant: Sh. Kamal Sawhney, Advocate &For Respondent: Sh. Vizay B. Vasanta, CIT-DR

Section 143(3)Section 144C(13)

…on to the mode of transport from the country of origin i.e., Japan. Therefore, there cannot be any dispute about the transfer of ownership having taken place in Japan. 41. So far as the decision in the case of Mahavir Commercial Co. Ltd. Vs. CIT, reported in 86 ITR 417 (SC) is concerned, we find the Hon’ble Supreme Court in the said decision has held that: “intention of the parties is, therefore, one of the important elements in determining the situs where the property passes to the buyer in pursuance of the contract.” Thus, in this judgment it is clear that it is the intention of the parties which will determin…

Jiangdong Fittings Equipments Co., Gurgoan vs. ACIT Circle International Taxation2(1)(2), New Delhi

In the result, appeals are allowed

ITA 2290/DEL/2022[2018-19]Status: DisposedITAT Delhi29 Nov 2023AY 2018-19

Bench: Shri G.S. Pannu, Vice- & Shri Saktijit Dey, Vice-Ita Nos. 2290 & 2291/Del/2022 Assessment Years: 2018-19 & 2019-20 Jiangdong Fittings Equipments Versus Acit, Circle 2(1)(2), Co., Unit No. 309, B.C.D. 3Rd International Taxation, Floor, Magnum Tower I, Sector New Delhi. 58, Gurgaon. Pan:Aadcj6890K (Appellant) (Respondent) Assessee By : Sh. Kamal Sawhney, Advocate & Sh. Nishank Vashistha, Advocate Revenue By : Sh. Vizay B. Vasanta, Cit-Dr Date Of Hearing : 10.11.2023 Date Of Pronouncement: 29.11.2023 Order

For Appellant: Sh. Kamal Sawhney, Advocate &For Respondent: Sh. Vizay B. Vasanta, CIT-DR

Section 143(3)Section 144C(13)

…on to the mode of transport from the country of origin i.e., Japan. Therefore, there cannot be any dispute about the transfer of ownership having taken place in Japan. 41. So far as the decision in the case of Mahavir Commercial Co. Ltd. Vs. CIT, reported in 86 ITR 417 (SC) is concerned, we find the Hon’ble Supreme Court in the said decision has held that: “intention of the parties is, therefore, one of the important elements in determining the situs where the property passes to the buyer in pursuance of the contract.” Thus, in this judgment it is clear that it is the intention of the parties which will determin…