UMW SHER (L) LIMITED,NEW DELHI vs. ASSESISING OFFICER , INTERNATIONAL TAXATION CIRCLE-3(1)(1), NEW DELHI

In the result, appeals are allowed, as indicated above

Bench: Shri Saktijit Dey & Dr. B.R.R. Kumar

115A or section 293A are applicable for computing profits or gains or any other income referred in those sections. 9. Undisputedly, the activity carried on by the assessee falls within the third category, viz., supplying plant and machinery on hire used or to be used in prospecting, or extraction or production of mineral oils. Section 9 of the Act speaks

UMW SHER (L) LIMITED,NEW DELHI vs. ASSESISING OFFICER , INTERNATIONAL TAXATION CIRCLE-3(1)(1), NEW DELHI

In the result, appeals are allowed, as indicated above

Bench: Shri Saktijit Dey & Dr. B.R.R. Kumar

115A or section 293A are applicable for computing profits or gains or any other income referred in those sections. 9. Undisputedly, the activity carried on by the assessee falls within the third category, viz., supplying plant and machinery on hire used or to be used in prospecting, or extraction or production of mineral oils. Section 9 of the Act speaks

DIRECTOR OF INCOME TAX vs. INFRASOFT LTD

capital gains in the other country. 2013:DHC:6018 ======================================================================= ITA 1034/2009 Page 71 of 174 48. The Supreme Court further referred to the commentary of Klaus Vogel that Double Taxation Convention establishes an independent mechanism to avoid double taxation through restriction of tax claims in areas where overlapping tax claims are expected, or at least theoretically possible. In other words

PACIFIC CREST PTE LTD,NOIDA vs. DCIT CIRCLE-2(2)(2) INTERNATIONAL TAXATION, NEW DELHI

In the result, the appeal is partly allowed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Saktijit Deyassessment Year: 2012-13

gains. It is evident, learned DRP brought to tax the receipts under section 115A of the Act primarily for two reasons; firstly, the receipts are in the nature of royalty in terms of Explanation 2(iva) to section 9(1)(vi) and, secondly, the assessee has no PE in India. 11. Insofar as the first reasoning of learned

FR. SAUTER AG,NEW DELHI vs. ITO WARD INTERNATIONAL TAX 1(3)(2), NEW DELHI

In the result, the Appeal in ITA No

Bench: Shri Shamim Yahya & Shri Kul Bharat[Assessment Year : 2012-13]

115A of the Income Tax Rules, 1962 ("Rules'). 4.3. The Appellant prays that the capital gains ought to be assessed as income from long-term capital gains and the Ld. AO be directed to compute capital gains at Rs. 4,16,27,166 as per first proviso of section

ARGOS HOLDINGS PTE. LTD.,SINGAPORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE INT TAX 1(1)(1), DELHI, DELHI

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

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

115A(5) of the Act read with section 194LD or the Act as well as non grants of TDS deducted on income being included by him in the Total Income. a. The Ld. AO has erred in not appreciating the fact the Appellant was a foreign company and registered in India as Category III FPI regulated by SEBI

ARGOS HOLDINGS PTE. LTD.,SINGAPORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE INT TAX 1(1)(1), DELHI, DELHI

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

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

115A(5) of the Act read with section 194LD or the Act as well as non grants of TDS deducted on income being included by him in the Total Income. a. The Ld. AO has erred in not appreciating the fact the Appellant was a foreign company and registered in India as Category III FPI regulated by SEBI

SAPIEN FUNDS LTD,MAURITIUS vs. CIT(INTERNATIONAL TAXATION), NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Challa Nagendra Prasada N D Shri M. Balaganesh

capital gains on derivative transactions were not taxed under the Income Tax Act rejecting the contention of the assessee that the assessee is entitled for the benefit of Article 11 of the Indo Mauritius DTAA as the assessee is tax resident of Mauritius. The ld. 4 I.T.A. No. 2890/Del/2022 Counsel submits that for the assessment year 2017-18 the order

DCIT, NEW DELHI vs. M/S. TECHNIP FRANCE SAS, GURGAON

In the result, appeal is dismissed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Saktijit Dey, Judicialmember Assessment Year: 2011-12

115A or section 293A would apply for computing profits and gains of the business. In the facts of the present case, admittedly, entire case of the Revenue is, assessee’s income is to be computed under section 44DA. However, we have already held that the amount received not being in the nature of royalty or FTS, section 44DA would

SAPEIN FUNDS LTD.,MAURITIUS vs. CIT (INTERNATIONAL TAXATION) DELHI-3, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

capital gains under the Indo-Mauritius Double Tax Avoidance Convention (DTAC) 20 Sapein Funds Ltd. 1. The provisions of the Indo-Mauritius DTAC of 1983 apply to ‘residents’ of both India and Mauritius. Article 4 of the DTAC defines a resident of one State to mean "any person who, under the laws of that State is liable to taxation therein

LM WIND POWER AS ,DENMARK vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE INTERNATIONAL TAX 2(2)(1), DELHI

In the result, ground raised by the assessee is allowed

Bench: Shris.Rifaur Rahman & Shri Yogesh Kumar U.S.Lm Wind Power As, Vs, Acit, Circle Juptervej 6, 6000 Kolding, International Tax 2(2)(1), Denmark – 999999. Delhi (Pan :Aabcl8590Q) (Appellant) (Respondent) Assessee By : Shri Ajay Vohra, Sr. Advocate Shri Aditya Vohra, Advocate Shri Arpitgoyal, Ca Revenue By : Shri Saroj Kumar Dubey, Cit Dr Date Of Hearing : 27.08.2025 Date Of Order : 21.11.2025 Order Per S. Rifaur Rahman: 1. This Appealpreferred By The Assessee Is Directed Against The Assessment Order Dated 27.01.2025 Passed By The Acit, Circle Int. Tax 2(2)(1), Delhi Under Section 143(3) R.W.S. 144C(13) Of The Income-Tax Act, 1961 (For Short ‘The Act”) For Assessment Year 2020-21 Pursuant To The Directions Of The Dispute Resolution Panel U/S 144C(5) Of The Act Raising Following Grounds Of Appeal :- “1. That On The Facts & Circumstances Of The Case & In Law, The Assessment Order Dated 29.07.2024 Passed Under Section 143(3) Read With Section 144C(13) Of The Income-Tax Act, 1961 (He Act") For Assessment Year 2020-21 Assessing The Total Income Of The Assessee At Rs.81,14, 14,893 Is Bad In Law, Void- Ab-Initio & Therefore, Liable To Be Quashed And/ Or Set Aside.

115A in the return of income, was brought to tax under the head “Profits and gains of business or profession” by invoking provisions of section 44DA of the Act. 2.3 He submitted that against the above order, the assessee thereafter filed objections before the ld. Dispute Resolution Panel (“DRP”). Pursuant to the directions issued by the DRP under section 144C

UMW SHER (L) LIMITED,NEW DELHI vs. ACIT, INT. TAX. CIRCLE-3(1)(1), NEW DELHI

In the result, appeals are allowed, as indicated above

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.2346 To 2348/िद"ी/2024 (िन.व. 2013-14 To 2015-16)

Capital gains") for-- (i) ....................................; (ii) ....................................; (iii) ....................................; (iv) ...................................... (iva) the use or right to use any industrial, commercial or scientific equipment but not including the amounts referred to in section 44BB;" 10. A careful reading of clause (iva) to explanation 2 would make it clear that the term 'royalty' will also mean any amount received towards the use or right

UMW SHER (L) LIMITED,NEW DELHI vs. ACIT INT.TAX. CIRCLE-3(1)(1), NEW DELHI

In the result, appeals are allowed, as indicated above

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.2346 To 2348/िद"ी/2024 (िन.व. 2013-14 To 2015-16)

Capital gains") for-- (i) ....................................; (ii) ....................................; (iii) ....................................; (iv) ...................................... (iva) the use or right to use any industrial, commercial or scientific equipment but not including the amounts referred to in section 44BB;" 10. A careful reading of clause (iva) to explanation 2 would make it clear that the term 'royalty' will also mean any amount received towards the use or right

UMW SHER (L) LIMITED,NEW DELHI vs. ACIT, INT. TAX. CIRCLE-3(1)(1), NEW DELHI

In the result, appeals are allowed, as indicated above

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.2346 To 2348/िद"ी/2024 (िन.व. 2013-14 To 2015-16)

Capital gains") for-- (i) ....................................; (ii) ....................................; (iii) ....................................; (iv) ...................................... (iva) the use or right to use any industrial, commercial or scientific equipment but not including the amounts referred to in section 44BB;" 10. A careful reading of clause (iva) to explanation 2 would make it clear that the term 'royalty' will also mean any amount received towards the use or right

VIRTUE DRILLING PTE LTD,SINGAPORE vs. DCIT,CIRCLE INTL. TAX-3(1)(1), DELHI

In the result, Appeal of the Assessee is allowed

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.M/S Virtue Drilling Pte Ltd. Vs Dcit 146, 11-01, Robinson Road, Circle International Taxation Singapore-068909 3(1)(1), Delhi Pan: Aadcv1193R Appellant Respondent Assessee By Sh. Ved Jain, Adv& Sh. Ayushgarg, Ca Revenue By Sh. Saroj Kumar Dubey, Cit(Dr) Date Of Hearing 28/08/2025 Date Of Pronouncement 24/10/2025

115A and as per the definition of royalty under the treaty provision. As far as the factual aspect of the issue is concerned, it is established on record that the assessee has given on hire/lease rigs to an Indian entity, who intended to employ them for drilling and exploration of mineral oils in the North Eastern States in India

THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -3 vs. M/S UMW SHER (L) LIMITED

115A and as per the definition of royalty under the treaty provision. As far as the factual aspect of the issue is concerned, it is established on record that the assessee has given on hire/lease rigs to an Indian entity, who intended to employ them for drilling and exploration of mineral oils in the North Eastern States in India

GE PRECISION HEALTHCARE LLC,KARNATAKA vs. ACIT CIRCLE INTERNATIONAL TAX 1(3)(1), NEW DELHI

In the result, appeal is allowed, as indicated above

Bench: Shri G.S. Pannu & Shri Saktijit Deyassessment Year: 2020-21

115A of the Act. The assessee also received an amount of Rs.10,66,35,790/- towards software licence fee cross charged to its affiliates in India, namely, Wipro GE Healthcare Pvt. Ltd., GE 2 | P a g e AY: 2020-21 BE Pvt. Ltd. and GE India Industrial Pvt. Ltd. However, the software licence fee received as reimbursement from

SABRE DECISION TECHNOLOGIES INTERNATIONAL LLC,NEW DELHI vs. ACIT, INTERNATIONAL TAXATION, CIRCLE 3(1)(2), NEW DELHI

In the result, the appeal of the revenue is dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

115A of the Income Tax Act, 1961. 20. The ratio of the of ld. CIT(A) while reducing tax rate of 40% to 10% is as under: “4.3 Now the two fundamental questions remain to be addressed. 1. Whether the income of the assessee is in the nature of royalty under section 9(l)(vi) of the Act? 2. Whether