“TRC”

Tyco Electronics Singapore Pte Limited, Bangalore vs. DCIT, Circle- Int. Tax. 3(1)(1), Delhi

The appeal is allowed

Bench: Dr. B.R.R. Kumar & Shri Anubhav Sharmaassessment Year: 2017-18 Tyco Electronics Singapore Vs Dcit, Pte Limited, Circle Intl. Taxation Te Park-22B, Doddenakundi 3(1)(1), 2Nd Phase Industrial Area, Delhi. Whitefield Road, Bengaluru – 560 048, Karnataka. Pan: Aadct9910C (Appellant) (Respondent) Assessee By : Shri Ajay Vohra, Sr. Advocate & Ms Somya Jain, Ca Revenue By : Shri Vizay B. Vasanta, It-Dr & Shri Anshul, Sr. Dr Date Of Hearing : 05.07.2024 Date Of Pronouncement : 05.09.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Final Assessment Order Dated 23.06.2022 Passed U/S 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’), By Assessing Officer, Circle Int. Taxation 3(1)(1), Delhi (Hereinafter Referred To As The Ld. Ao).

assessee approached DRP and filed objections. The plea of assessee before DRP was that the AO has erred in disregarding the Tax residency certificate (TRC) and other relevant documents furnished by the Company to support the fact that it is entitled to the beneficial provisions of the India- Singapore DTAA ... from interest to be charged at beneficial rates as well as capital gains exempt under the benefits of India-Singapore DTAA. Assessee has submitted TRC and a self-serving declaration by the director of the company and has also claimed that benefits of the treaty had been allowed

Universal Tractor Holding Llc, Usa vs. DCIT, International Taxation Circle 3(1)(1), New Delhi

In the result, the appeal of the assessee is dismissed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

Arbitration cost 8. The Assessing Officer held that the assessee has not provided copies of returns filed in USA and also failed to furnish TRC. The Assessing Officer held that the assessee is a wholly owned subsidiary of a Romanian company and accordingly its shareholders too are not resident ... Section 9 of the Income Tax Act, 1961 as the assessee is not a “resident” for the tax purpose of USA and since no TRC has been furnished, the AO taxed the amount @40%. 9. Aggrieved, the assessee sought directions from the ld. DRP. 10. Before

Goodrich Corporation, United States of America vs. Assistant Commissioner of Income Tax, Circle 1(3)(1), New Delhi

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

penalty proceedings under section 270A of the Act against the Appellant.” Repairs & Maintenance Services - FTS or not: 3. The assessee is a non-resident, TRC holder of USA primarily engaged in the business of providing services in the nature of repair & maintenance of aircraft equipment. 4. Before

Wild West Domains, Llc, Gurgaon vs. ACIT, Circle-3(1)(1), Int. Tax., New Delhi

Bench: Shri G.S. Pannu, Hon’Ble & Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.1774/Del/2022 िनधा"रणवष"/Assessment Year: 2019-20 बनाम Wild West Domains, Llc Acit, Go Daddy India Domains & Hosting Vs. Circle-3(1)(1), Int. Services Private Limited, First Floor, Taxation, 01A167, Wework Bristol Chowk, Civic Centre, Platina Tower, Mg Road, Sector-28, Minto Road, Gurgaon, Haryana. Newdelhi. Pan No.Aabcw2372H अपीलाथ" Appellant ""यथ"/Respondent

year under consideration. Vide various notices, the assessee was asked to provide the income tax returns filed by it in USA as also its TRC for the entire period under consideration. The assessee has furnished a TRC for only that part of the year: for which ... liable to tax and, therefore, cannot be considered as a resident for the purposes of India USA Tax Treaty disregarding the Tax Residency Certificate (TRC) filed by the assessee and also ignoring the decision of the Hon’ble Supreme Court in the case of Azadi Bachao Andolan

Bhs India Holdings, Inc., New Jersey, Usa vs. Assistant Commissioner of Income Tax, Circle International Taxation 1(1)(2), Delhi

The appeal is allowed and the stay application which is tagged along is dismissed being infructous

Bench: Shri Gs Pannu & Shri Anubhav Sharma

India, Financial statements of Medfin India for 2018-19 and 2019- 20 etc. were provided to the AO during assessment proceedings. As regards the TRC of the assessee for the relevant period, the assessee states that the TRC is applicable only when the assessee claims any benefit under the DTAA ... assessee has Page 3 of 20 ITA No.-3286/Del/2023 BHS India Holdings Inc. now before the DRP furnished the copies of the TRC for years 2020 and 2021 as additional evidence. The assessee has further filed the certain documents as additional evidence in support of its contentions that