Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2010 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (9) TMI 553 - AT - Income TaxSurvey - TDS u/s 195 - ssessee is engaged in the business of marine dredging and port construction - The preamble of the agreement clearly describes that M/s Macon Asia BV, Netherlands as owner of the dipper dredger, ‘Ave Caesar’ and the assessee as hirer - the dredger was hired by the assessee with two operators and charter co-ordinator - The agreement further clearly says that the crew will work under the management of the hirer as per the direction and instructions and responsibility of the hirer - it is a case of hiring an equipment namely dipper dredger by the assessee and not a case of execution of the work by the Netherlands company on behalf of the assessee when the assessee pays hire charges to Netherlands company, whether the tax has to be deducted u/s. 195 of the Act - Merely because the equipment hired by the assessee from the Netherlands company was used for dredging at Visakhapatnam Port Trust it does not mean that the dipper dredger would constitute a PE - Therefore, the assessee need not deduct any tax at source under s. 195 of the Act - Decided in the favour of the assessee
|