West Asia Maritime Ltd. v. ITO, Chennai

111 ITD 155Income Tax Appellate Tribunal2008#18713 most cited
4

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

Judgments citing West Asia Maritime Ltd. v. ITO, Chennai

ITO (TDS), New Delhi vs. M/S. Dlf Ltd., New Delhi

The appeals of the assessee are allowed and both the appeals of the Revenue are dismissed

ITA 3488/DEL/2012[2008-09 (F.Y. 2007-08)]Status: DisposedITAT Delhi10 Oct 2019

Bench: Ms Suchitra Kamble & Shri Prashant Maharishii.T.A. No. 3253/Del/2012 (A.Y. 2007-08) I.T.A. No. 3254/Del/2012 (A.Y. 2008-09)

Section 195Section 4Section 5(2)Section 9Section 9(1)

…t in business of flying aircraft and it has taken fully equipped and manned /crewed aircraft on charter basis, therefore payment of hire charges can not be in nature of royalty. ………………………. The AO has relied upon West Asia Maritime Ltd. vs. ITO, Chennai (2008) 111 ITD 155 and Poompuhar Shipping Corp. Ltd. vs. ITO (2008) 297 ITR (A.T.) for arriving at conclusion that aircraft hired by the appellant is in nature of equipment. The basic fact in case of both these cases was that the assessee was in business of operating ships. This is a vital and deciding factor. As per definition of equipment as discussed supra an as…

ITO (TDS), New Delhi vs. M/S. Dlf Ltd., New Delhi

The appeals of the assessee are allowed and both the appeals of the Revenue are dismissed

ITA 3487/DEL/2012[2007-08 (F.Y. 2006-07)]Status: DisposedITAT Delhi10 Oct 2019

Bench: Ms Suchitra Kamble & Shri Prashant Maharishii.T.A. No. 3253/Del/2012 (A.Y. 2007-08) I.T.A. No. 3254/Del/2012 (A.Y. 2008-09)

Section 195Section 4Section 5(2)Section 9Section 9(1)

…t in business of flying aircraft and it has taken fully equipped and manned /crewed aircraft on charter basis, therefore payment of hire charges can not be in nature of royalty. ………………………. The AO has relied upon West Asia Maritime Ltd. vs. ITO, Chennai (2008) 111 ITD 155 and Poompuhar Shipping Corp. Ltd. vs. ITO (2008) 297 ITR (A.T.) for arriving at conclusion that aircraft hired by the appellant is in nature of equipment. The basic fact in case of both these cases was that the assessee was in business of operating ships. This is a vital and deciding factor. As per definition of equipment as discussed supra an as…

Dlf Limited, New Delhi vs. ITO (TDS), New Delhi

The appeals of the assessee are allowed and both the appeals of the Revenue are dismissed

ITA 3254/DEL/2012[2008-09 (F.Y. 2007-08)]Status: DisposedITAT Delhi10 Oct 2019

Bench: Ms Suchitra Kamble & Shri Prashant Maharishii.T.A. No. 3253/Del/2012 (A.Y. 2007-08) I.T.A. No. 3254/Del/2012 (A.Y. 2008-09)

Section 195Section 4Section 5(2)Section 9Section 9(1)

…t in business of flying aircraft and it has taken fully equipped and manned /crewed aircraft on charter basis, therefore payment of hire charges can not be in nature of royalty. ………………………. The AO has relied upon West Asia Maritime Ltd. vs. ITO, Chennai (2008) 111 ITD 155 and Poompuhar Shipping Corp. Ltd. vs. ITO (2008) 297 ITR (A.T.) for arriving at conclusion that aircraft hired by the appellant is in nature of equipment. The basic fact in case of both these cases was that the assessee was in business of operating ships. This is a vital and deciding factor. As per definition of equipment as discussed supra an as…

Dlf Limited, New Delhi vs. ITO (TDS), New Delhi

The appeals of the assessee are allowed and both the appeals of the Revenue are dismissed

ITA 3253/DEL/2012[2007-08 (F.Y. 2006-07)]Status: DisposedITAT Delhi10 Oct 2019

Bench: Ms Suchitra Kamble & Shri Prashant Maharishii.T.A. No. 3253/Del/2012 (A.Y. 2007-08) I.T.A. No. 3254/Del/2012 (A.Y. 2008-09)

Section 195Section 4Section 5(2)Section 9Section 9(1)

…t in business of flying aircraft and it has taken fully equipped and manned /crewed aircraft on charter basis, therefore payment of hire charges can not be in nature of royalty. ………………………. The AO has relied upon West Asia Maritime Ltd. vs. ITO, Chennai (2008) 111 ITD 155 and Poompuhar Shipping Corp. Ltd. vs. ITO (2008) 297 ITR (A.T.) for arriving at conclusion that aircraft hired by the appellant is in nature of equipment. The basic fact in case of both these cases was that the assessee was in business of operating ships. This is a vital and deciding factor. As per definition of equipment as discussed supra an as…

West Asia Maritime Ltd. v. ITO, Chennai (111 ITD 155) — Cited in 4 Judgments | BharatTax