CPI INDIA I LIMITED,MUMBAI vs. ACIT, INT.TAX. CIRCLE-1(2)(1), DELHI

In the result, the appeal is partly allowed, as indicated

Bench: Shri G.S. Pannu, Vice- & Shri Saktijit Dey, Vice-Assessment Year: 2016-17 . Cpi India Ltd., Vs. Acit, C/O- Vasa Chauhan & International Taxation, Associates Off. No. 41, Circle -1(2)1), 3Rd Floor, High Life Premises, Delhi P.M. Road, Santacruz West, Mumbai Pan :Aadcc1505G (Appellant) (Respondent)

115A of the Act, then there will be a loss, hence, section 112 of the Act would not apply. He submitted, section 112 of the Act, does not override the computation mechanism in section 48 of the Act. Only if there is a position income from capital gain

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

DCIT, NEW DELHI vs. M/S. TECHNIP UK LTD., MUMBAI

In the result, the cross objection is allowed

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[Assessment Year: 2010-11]

115A read with Section 44D Income-tax Act, 1961. "(emphasis supplied).” Accordingly, such services would be outside the purview of “fees for technical services” under section 9(I)(vii) of the Act.” 14. The Supreme Court in the case of Oil and Natural Gas Corporation Limited vs. CIT 376 ITR 306 held as under: “13. The Income Tax Act does

TOPCON SINGAPORE POSITIONING PTE LTD.,GURGAON vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, while ITA No

Bench: Us Is A Singapore Based Company Which Held 7,49,999 Shares In An Indian Company By The Name Of Topcon Sokkia India Pvt Ltd (Tsipl, In Short) & 1 Share

115A. As per Section 48 of the Income Tax Act, 1961, the income chargeable under the head "Capital Gains" shall

TOPCON SINGAPORE POSITIONING PTE LTD.,GURGAON vs. DCIT, CIRCLE- 3(1)(1), INTERNATIONAL TAXATION,, NEW DELHI

In the result, while ITA No

Bench: Us Is A Singapore Based Company Which Held 7,49,999 Shares In An Indian Company By The Name Of Topcon Sokkia India Pvt Ltd (Tsipl, In Short) & 1 Share

115A. As per Section 48 of the Income Tax Act, 1961, the income chargeable under the head "Capital Gains" shall

ADIT INTL. TAXATION, DEHRADUN vs. M/S. HAMPSON RUSSELL LTD. PARTNERSHIP., MUMBAI

In the result, the appeal of the Revenue is allowed partly for statistical purposes

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

115A of the Act, or could be covered under the provisions of section 44BB of the Act.” 8. The Assessing Officer has considered income from sale of software as royalty. The income from software maintenance/support services has not been treated by the Assessing Officer as royalty, though in the grounds raised before the Tribunal, the Revenue has challenged this action

ADIT, DEHRADUN vs. M/S. HAMPSON RUSSELL LTD PARTNERSHIP, MUMBAI

In the result, the appeal of the Revenue is allowed partly for statistical purposes

Bench: Sh. H.S. Sidhu & Sh. O.P. Kant

115A of the Act, or could be covered under the provisions of section 44BB of the Act.” 8. The Assessing Officer has considered income from sale of software as royalty. The income from software maintenance/support services has not been treated by the Assessing Officer as royalty, though in the grounds raised before the Tribunal, the Revenue has challenged this action

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

TECHNIP UK LTD.,GURGAON vs. DIT, NEW DELHI

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

Bench: Shri R.K. Panda & Smt. Beena A. Pillai[Assessment Year: 2008-09] Technip Uk Limited Vs. The D.I.T. C/O Bmr & Associates Llp International - Ii 22Nd Floor, Building No. 5 New Delhi Tower ‘A’, Dlf Cyber City, Dlf Phase Iii, Gurgaon Haryana Pan : Aacct 8268 N (Appellant) (Respondent)

115A or 293A of the Act are applicable for the purpose of computation of income in accordance with those sections. It is also his submission that the amendment brought out by the Finance Act, 2010 in section 44BB and 44DA of the Act amounts to substantial change in the scheme of taxation of income arising to non residents engaged

TECHNIP ITALY S.P.A,GURGAON vs. DCIT, CIRCLE NOIDA, INTERNATIONAL TAXATION, NOIDA

In the result, the appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2013-14] M/S Technip Italy S.P.A Vs. The D.C.I.T C/O Deloitte Touche Tohmatsu International Taxation India Llp, 22Nd Floor Circle, Noida Dlf Epitome, Building No. 5 Tower A, Dlf Cyber City, Dlf Phase Iii, Gurugram Haryana Pan : Aabct 2189 H [Appellant] [Respondent]

capital gains from sale of shares amounting to Rs. 33,31,17,500/- and (ii) Fees for technical services under section 115A

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