National Organic Chemical Industries Ltd. v. Dy. CIT

96 TTJ 765Income Tax Appellate Tribunal2005#21684 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2023.

Judgments citing National Organic Chemical Industries Ltd. v. Dy. CIT

Kraft Foods Group Brands Llc, Mumbai vs. Assistant Commissioner of Income Tax (International Taxation)-3(1)(2), Mumbai

In the result, appeal filed by the assessee is partly allowed

ITA 2495/MUM/2022[2019-20]Status: DisposedITAT Mumbai27 Sept 2023AY 2019-20

Bench: Us Raising Following Grounds In Its Appeal: -

Section 143(2)Section 144C(5)Section 153Section 234BSection 270ASection 9(1)(vii)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “I”, MUMBAI BEFORESHRI ABY T. VARKEY, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ACIT (International Taxation) – 3(1)(2) Kraft Foods Group Brands LLC v. 16th Floor, Air India Building 1 PPG, Place Suite 3400 Nariman Point, Mumbai – 400 021 Pittsburgh, Pennsylvania United States - 999999 PAN: AAGCK6478F (Appellant) (Respondent) Assessee Represented by : Shri M.P. Lohia Shri Anil Sant Department Represented by : Date of Conclusion of Hearing : 24.07.2023 Date of Pronouncement : 27.09.2023 O R D E R PER S. RIFAUR RAHMAN (AM) 1. Th…

Faber Castell Aktiengesellschaft, Germany vs. ACIT, International Taxation, Circle-1(3)(1), New Delhi

In the result, the appeal of the assessee in ITA No

ITA 7619/DEL/2017[2014-15]Status: DisposedITAT Delhi09 Dec 2021AY 2014-15

Bench: Shri N.K. Billaiya & Shri Challa Nagendra Prasad

For Appellant: Shri Nishant Thakkar, AdvFor Respondent: Ms. Shashi Kajle, Sr. DR

…IA provides for taxation of only those sums which have been paid to him. This means that the liability arises only when the sum is received and it is not taxable on accrual basis. 6.2 In the case of National Organic Chemical Industries Ltd. v. Dy. CIT [2005] 96 TTJ 765/[2006] 5 SOT 317 (Mum.), it is mentioned that the remittance made by the assessee is liable to be taxed in India as FTS under Article 13 of Indo-French DTAA. The remittance in question was payment in respect of invoice no. OS- 25181, dated 25.05.1996. In terms of provisions of Article 12 of Indo-Swiss Tax Treaty, twin conditions of accrual and pay…

DCIT (International Taxation), New Delhi vs. M/S Tmw Aspf I Cyprus Holding Company Ltd., Gurgaon

In the result appeal of the revenue is dismissed and CO IS allowed

ITA 879/DEL/2016[2011-12]Status: DisposedITAT Delhi09 Aug 2019AY 2011-12

Bench: Shri Amit Shukla & Shri O.P. Kantasstt. Year: 2011-12 Dcit (International M/S. Tmw Aspf I Cyprus Holding Taxation) Company Ltd., C/O Deloitee Circle 3 (1)(1), Hasking & Sells Llp, New Delhi. 7Th Floor, Bldg. 10, Tower-B, Dlf Vs. Cyber City Complex, Dlf City Phase – Ii, Gurgaon 122 002 Haryana Pan Aacct6680J (Appellant) (Respondent)

For Appellant: Shri Kanchan Koushal, AdvFor Respondent: Shri H.K. Choudhary, CIT ( DR )

Section 92(1)

…e to an Italian resident does not trigger taxability under article 13 of the Indo Italian DTAA. Such is also the view taken by a series of decisions by the coordinate benches, including the decision in the case National Organic Chemical Industries Ltd [(2005) 96 TTJ 765 (Mum)], with which we are in respectful agreement. When the royalty so credited by the assessee is not taxable at the time of credit of such amount to the account of payee, in the light of law laid down by Hon'ble Supreme Court in the case of GE Information Technology (supra), it does not give rise to any tax withholding obligations under section…

ADIT, New Delhi vs. M/S. Rolls Royce Singapore Pte Ltd., New Delhi

In the result all the four appeals of the Revenue are dismissed

ITA 862/DEL/2012[2001-02]Status: DisposedITAT Delhi24 Aug 2016AY 2001-02

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

For Appellant: Sh. V.R. Sonbhadra, Sr. DRFor Respondent: Sh Gaurav Gupta, Advocate &

Section 115ASection 143(3)Section 148Section 271(1)Section 271(1)(c)

…5 (Delhi) (iii). CSC Technology Singapore Pte. Ltd. v. Asst. [2012] DIT 50 SOT 399 (ITAT Delhi) (iv). Johnson & Johnson v. Asst DIT [2013] 60 SOT 109 (Mumbai) (v). DCIT v. Uhde Gmbh [1996] 54 TTJ 355 (Mumbai) (vi). National Organic Chemicals Industries [2006] 96 TTJ 765 (Mumbai) (v). DDIT v SiemensAktiengesellschaft: ITA No.8094/MUM/2010 (ITAT - Mumbai) 6.1 It is also submitted that no penalty u/s. 271(1)(c) can be levied where the assessee has given full disclosure in the return of income. In the computation of income filed with the return of income it was clearly disclosed that “the assessee is maintaining its…