Vijay Ship Breaking Corporation v. DCIT

86 ITD 497Income Tax Appellate Tribunal2003#25755 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 348,356 Indian tax judgments — from 2017 to 2024.

Judgments citing Vijay Ship Breaking Corporation v. DCIT

Eximcorp India (P) Ltd., Kolkata vs. ACIT, Cir-5(2), Kolkata.

In the result, the appeal of the assessee is dismissed

ITA 702/KOL/2023[2016-17]Status: DisposedITAT Kolkata05 Aug 2024AY 2016-17

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

Section 115JSection 195Section 195(1)Section 2Section 40

…deduct tax at source only when the remittance is a sum chargeable to tax under the Act. If the income has not accrued in India, there can be no TDS u/s 195 of the Act. Thereafter, ld. A/R argued at length following the case of Vijay Ship Breaking Corporation [86 ITD 497 (Rajkot)] which has an interesting and a very Page 6 of 20 I.T.A. Nos.: 701 & 702/KOL/2023 AYs: 2015-16 & 2016-17 Eximcorp India Private Limited. significant judicial chronology, which is relevant for deciding the matter at hand. 2.2. The ld. A/R vehemently distinguished the Hon'ble Gujarat High Court judgment in the case of CIT vs. Vijay Ship B…

Eximcorp India Private Limited., Kolkata vs. ACIT, Cir-5(2), Kolkata.

In the result, the appeal of the assessee is dismissed

ITA 701/KOL/2023[2015-16]Status: DisposedITAT Kolkata05 Aug 2024AY 2015-16

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

Section 115JSection 195Section 195(1)Section 2Section 40

…deduct tax at source only when the remittance is a sum chargeable to tax under the Act. If the income has not accrued in India, there can be no TDS u/s 195 of the Act. Thereafter, ld. A/R argued at length following the case of Vijay Ship Breaking Corporation [86 ITD 497 (Rajkot)] which has an interesting and a very Page 6 of 20 I.T.A. Nos.: 701 & 702/KOL/2023 AYs: 2015-16 & 2016-17 Eximcorp India Private Limited. significant judicial chronology, which is relevant for deciding the matter at hand. 2.2. The ld. A/R vehemently distinguished the Hon'ble Gujarat High Court judgment in the case of CIT vs. Vijay Ship B…

ITO, Tuticorin vs. Sterlite Industries (India) Limited, Tuticorin

In the result, appeal of the Revenue stands allowed

ITA 1043/CHNY/2012[2003-04]Status: DisposedITAT Chennai28 Feb 2017AY 2003-04

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George]

For Appellant: Shri. S. Renga rajan, JCITFor Respondent: Shri. G. Baskar, Advocate
Section 10(15)(iv)Section 143Section 147Section 154Section 195Section 2Section 201

…for deduction of tax at source, it was the duty of the banker who provided the LC facility to deduct such tax. Reliance was placed by the assessee on the decision of Rajkot Bench of the Tribunal in the case of Vijay Ship Breaking Corporation vs. DCIT (2003) 86 ITD 497. Ld. Assessing Officer thereafter passed an order on 23.03.2005 holding that interest paid on letter of credit could not be considered as part of the purchase price and decision of the Tribunal in the case of Vijay Ship Breaking Corporation (supra) stood reversed by Hon’ble Gujarat High Court in 261 ITR 113. Accordingly, he held that assessee h…

Vijay Ship Breaking Corporation v. DCIT (86 ITD 497) — Cited in 3 Judgments | BharatTax