KGL NETWORK (P) LTD.,DELHI vs. ACIT, CIRCLE- 14(2), NEW DELHI

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

TDS is confined to payments made to any "resident". On the other hand, section 172 operates in the area of computation of profits from shipping business of non-residents. Thus, there is no overlapping in the areas of operation of these sections. 5. There would, however, be cases where payments are made to shipping agents of non-resident ship-owners

PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. DCIT, CIRCLE- 19(2), NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

43A of the Act but also other losses outside the purview of section 438 of the Act and are thus are squarely applicable to the instant case. Non-applicability of judgement - Indian Molasses Co. P. Ltd. to the instant case 3.14 It is respectfully submitted that, recently your Honour while adjudicating the matter for AY 2013-14, placed incorrect reliance

ACIT, NEW DELHI vs. M/S. PTC INDIA FINANCIAL SERVICES LTD., NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

43A of the Act but also other losses outside the purview of section 438 of the Act and are thus are squarely applicable to the instant case. Non-applicability of judgement - Indian Molasses Co. P. Ltd. to the instant case 3.14 It is respectfully submitted that, recently your Honour while adjudicating the matter for AY 2013-14, placed incorrect reliance

M/S. PTC INDIA FINANCIAL SERVICES LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

43A of the Act but also other losses outside the purview of section 438 of the Act and are thus are squarely applicable to the instant case. Non-applicability of judgement - Indian Molasses Co. P. Ltd. to the instant case 3.14 It is respectfully submitted that, recently your Honour while adjudicating the matter for AY 2013-14, placed incorrect reliance

ADDL. CIT, SPECIAL RANGE- 7, NEW DELHI vs. PTC INDIA FINANCIAL SERVICES LTD, NEW DELHI

In the result, the appeals of the assessee for AY 2013-14 and 2014-15

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year 2013-14 & Asstt. Year 2014-15

43A of the Act but also other losses outside the purview of section 438 of the Act and are thus are squarely applicable to the instant case. Non-applicability of judgement - Indian Molasses Co. P. Ltd. to the instant case 3.14 It is respectfully submitted that, recently your Honour while adjudicating the matter for AY 2013-14, placed incorrect reliance

JCIT (INTERNATIONAL TAXATION), DEHRADUN vs. M/S. R & B FALCON (A) PTY LTD., MUMBAI

In the result, all these appeals of the Revenue are dismissed

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2011-12

43A to assessments under Section 44 BB. It introduces the concept of presumptive income and states that 10% credit of the amounts paid or payable or deemed to be received by the Assessee on account of “the provision of services and facilities in connection with, or supply of plant and machinery on hire used, or to be used

ADIT, DEHRADUN vs. M/S. R & B FALCON (A) PTY LTD., MUMBAI

In the result, the appeal of the Department is partly allowed

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaay: 2010-11 Adit Vs R & B Falcon (A) Pty Ltd., International Taxation, 1St Floor, Spectra High Street, Aayakar Bhawan, Hiranandani Business Park, 13A-Subhash Road, Powai, Mumbai. Dehraun. (Pan: Aaccr5345Q) (Appellant) (Respondent) Appellant By: Shri Anuj Arora, Cit Dr Respondent By: Shri Amit Arora, Ca Date Of Hearing: 08.02.2016 Date Of Pronouncement: 29.04.2016

43A to assessments under Section 44 BB. It introduces the concept of presumptive income and states that 10% credit of the amounts paid or payable or deemed to be received by the Assessee on account of “the provision of services and facilities in connection with, or supply of plant and machinery on hire used, or to be used

THE BANK OF TOKYO MITSUBISHI UFJ,NEW DELHI vs. DCIT, CIRCLE- 3(1)(1), INTERNATIONAL TAXATION, NEW DELHI

In the result, the appeal of the assessee is partly allowed

TDS) on the aforesaid interest income was\nremanded back to the Tribunal as those issues were not decided by the Tribunal in\nthe order dated 11 June 2018.\nFacts of the case:\n2. The assessee is a company incorporated as per laws of Japan and carries\non the business of Banking in India. The banking business in India is carried

COMPUTER MODELLING GROUP LIMITED,CANADA vs. ACIT INTERNATIONAL TAXATION CIRCLE 1(2)(1), NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

TDS has been deducted. He therefore issued notice on 29.03.2019 under section 148 of the Act. It was served but compliance was not made. He, then issued notice(s) to the above concerns under section 133(6) of the Act seeking details about the amount paid/accrued to the assessee, nature of products/services rendered by the assessee to them as well

COMPUTER MODELLING GROUP LIMITED,CANADA vs. ACIT, CIRCLE-1(2)(1), INT. TAXATION, NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

TDS has been deducted. He therefore issued notice on 29.03.2019 under section 148 of the Act. It was served but compliance was not made. He, then issued notice(s) to the above concerns under section 133(6) of the Act seeking details about the amount paid/accrued to the assessee, nature of products/services rendered by the assessee to them as well

COMPUTER MODELLING GROUP LIMITED,CANADA vs. DCIT CIRCLE INTERNATIONAL TAXATION 1(2)(1), NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

TDS has been deducted. He therefore issued notice on 29.03.2019 under section 148 of the Act. It was served but compliance was not made. He, then issued notice(s) to the above concerns under section 133(6) of the Act seeking details about the amount paid/accrued to the assessee, nature of products/services rendered by the assessee to them as well

BALL BEVERAGE PACKAGING (INDIA) PVT LTD,NEW DELHI vs. ACIT CIRCLE-4(1), NEW DELHI

In the result, the appeal of the Revenue stands dismissed and the

TDS on which tax is deductible at source under Chapter XVII-B. Ld. CIT (A) rightly observed that such provisions do not empower to disallow the expenses on non-availability of Form 15CA and CB. Accordingly, we find that ld. CIT (A) has taken a correct view in the matter. Moreover, ld. Counsel of the assessee placed reliance

ACIT CIRCLE-4(1), NEW DELHI vs. BALL BEVERAGE PACKAGING (INDIA) PVT LTD, NEW DELHI

In the result, the appeal of the Revenue stands dismissed and the

TDS on which tax is deductible at source under Chapter XVII-B. Ld. CIT (A) rightly observed that such provisions do not empower to disallow the expenses on non-availability of Form 15CA and CB. Accordingly, we find that ld. CIT (A) has taken a correct view in the matter. Moreover, ld. Counsel of the assessee placed reliance

DDIT, NEW DELHI vs. M/S SCORPION COURAGEOUS LTD.,, NEW DELHI

In the result, the Cross Objection of the assessee is partly allowed

TDS) under Section 195(2) or 195(3) either by the non-resident or by the resident payer is to avoid any future hassles for both resident as well as non resident. In our view, Sections 195(2) and 195(3) are safeguards. The said provisions are of practical importance. This reasoning of ours is based on the decision

DIRECTOR OF INCOME TAX I vs. PVT LTD

The appeals are dismissed

43A to assessments under Section 44 BB. It introduces the concept of presumptive income and states that 10% credit of the amounts paid or payable or deemed to be received by the Assessee on account of “the provision of services and facilities in connection with, or supply of plant and machinery on hire used, or to be used

DIRECTOR OF INCOME TAX I vs. PVT LTD

The appeals are dismissed

43A to assessments under Section 44 BB. It introduces the concept of presumptive income and states that 10% credit of the amounts paid or payable or deemed to be received by the Assessee on account of “the provision of services and facilities in connection with, or supply of plant and machinery on hire used, or to be used

DCIT (IT), CIRCLE-2(1)(2), NEW DELHI vs. J RAY MCDERMOTT S.A., USA

Bench: Sh. N. K. Billaiya & Ms. Astha Chandra

43A to assessments under Section 44 BB. It introduces the concept of presumptive Income and states that 10% credit of the amounts paid or payable or deemed to be received by the Assessee on account of "the provision of services and facilities in connection with, or supply of plant and machinery on hire used, or to be used

DCIT CIRCLE-2(1)(2) INT. TAXATION, NEW DELHI vs. J RAY MCDERMOTT S.A., USA

Bench: Sh. N. K. Billaiya & Ms. Astha Chandra

43A to assessments under Section 44 BB. It introduces the concept of presumptive Income and states that 10% credit of the amounts paid or payable or deemed to be received by the Assessee on account of "the provision of services and facilities in connection with, or supply of plant and machinery on hire used, or to be used