2016 (11) TMI 739 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In RE : JSC SMNG-Center, Russia
Hiring of services for 3D OBC Seismic Data Acquisition & Processing in Sector-II - taxability in India in accordance with section 44BB(1) - Held that - As decided in OIL & NATURAL GAS CORPORATION LIMITED Versus COMMISSIONER OF INCOME TAX & ANOTHER 2015 (7) TMI 91 - SUPREME COURT the works carried out by the applicant are liable to be covered under the provisions, of Section 44BB of Income Tax Act. - We have taken the same view in four....... + More
2016 (9) TMI 650 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : UC Berkeley Center for Executive Education, USA
TDS u/s 195 - Chargeability to tax in India as fees for included services - Taxability of the consideration paid by Northwest in favour of the applicant for the services which it provides or as agree to provide - India-US DTAA - exemption from taxation - P.E. in India - Held that - The applicant has provided all certificates including the certificate of its incorporation and has filed them as Exhibit-1 before us. From the certificate, it is clear....... + More
2016 (9) TMI 349 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : Dr Reddy Laboratories Limited
Withholding of tax at source under section 195 - Fees for Technical Services - service fee payable by the Applicant to DRL Russia under the Service agreement - India-Russia DTA - Held that - The stand of the Department is based on the assumption that the reports of medical representatives of DRL Russia are sent to India which is being utilized in India for the purpose of brand promotion in Russia. The Department has further assumed that the marke....... + More
2016 (9) TMI 348 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In RE : Foster Wheeler (G.B.) Limited, C/o Foster Wheeler (G.B.) Limited – India Project Office
Allowability of proposal expenses - nature of Payments to third party service providers outside India for services in connection with expatriate movement to India in relation to the PO - Allowability of provisions made with respect to its obligation to pay a delay penalty (price reduction) - Held that - The Head Office had not incurred any expenditure but some expenditure was incurred by one of the group concerns i.e. FWEL and as such, expenditur....... + More
2016 (9) TMI 347 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : M/s Mahindra-BT Investment Company (Mauritius) Limited
Chargeability to capital gains tax in India - Applicant, a tax resident of Mauritius - DTAA between India and Mauritius - transfer of 9,870,912 shares of an Indian Company - Held that - We perused the minutes of proceedings of the Board meetings held in Mauritius relating to buyback of shares, final closing for sale of shares held in TML, appointment of KPMG India Private Limited as tax advisor, approval of financial statements, dividend declarat....... + More
2016 (9) TMI 346 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : Marine Geology Services LLP U.K.
Application of section 44BB - applicant company is formed and registered under the laws of U.K and is also resident of that county entered into a contract with Oil & Natural Gas Corporation Ltd. (ONGC) for hiring of services - Held that - We answer the ruling in favour of the applicant and hold that the consideration received by the applicant from the aforementioned contract dated 13-3-2012 being contract No. MR/WOB/MM/SC/2D(LO)64/2011/P96DL1....... + More
2016 (9) TMI 345 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : LS Cable and Systems Limited, Korea
Tax liability - Agreement for Avoidance of Double Taxation between India and Korea - Held that - The answer to question No. 1 is in the affirmative and it is held that it is not taxable. Identical question is disposed of by this Authority in its judgment of in the case of same assessee. 2011 (7) TMI 98 - AUTHORITY FOR ADVANCE RULINGS ....... + More
2016 (9) TMI 344 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : The Regents of the University of California UCLA Anderson School of Management Executive Education, USA
Income chargeable to tax in India as fees for included services - Program Fee received - India-US DTAA - PE in India - Held that - The activity of the applicant cannot be said to be a business activity particularly because the applicant is registered in USA as a non-profit public benefit corporation formed for the purpose of providing education. This is not disputed by the Revenue. If the applicant is registered as a non-profit benefit corporatio....... + More
2016 (9) TMI 343 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In RE : Corpro Systems Limited, UK
Taxability of considerations received under the Contract - Held that - All the considerations received under the Contract whether as a Contractor or as a Sub-Contractor by applicant Corpro would be taxable under Section 44BB of the Income Tax Act. - The answer to the Question No. 2 is that the withholding of the tax would be in the spirit of Section 44BB, hence, we dispose of all the 4 applications........ + More
2016 (9) TMI 342 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : Tech Mahindra Limited, Formerly Satyam Computer Services Ltd
TDS u/s 195 - Whether the Settlement Amount payable pursuant to the Settlement Agreement to Aberdeen Asset Management PLC, United Kingdom ( Aderdeen ), will be regarded as sum chargeable to tax under the provisions of the Act, as referred to under Section 195 thereof? - Held that - As relying on the ruling pronounced in In Re Aberdeen Claims Administration Inc. and Aberdeen Asset Management Plc. 2016 (1) TMI 793 - THE AUTHORITY FOR ADVANCE RULING....... + More
2016 (9) TMI 341 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : Tech Mahindra Limited, Formerly Satyam Computer Services Ltd.
TDS u/s 195 - Whether the Settlement Amount payable pursuant to the Settlement Agreement to Aberdeen Asset Management PLC, United Kingdom ( Aderdeen ), will be regarded as sum chargeable to tax under the provisions of the Act, as referred to under Section 195 thereof? - Held that - As relying on the ruling pronounced in In Re Aberdeen Claims Administration Inc. and Aberdeen Asset Management Plc. 2016 (1) TMI 793 - THE AUTHORITY FOR ADVANCE RULING....... + More
2016 (9) TMI 164 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : MERO Asia Pacific (P.) Ltd.
Taxability in India - amounts received/receivable by the applicant from Larsen & Toubro towards offshore supply of goods and materials - DTAA between India and Singapore - whether the contract is divisible into offshore supply of goods and materials and services rendered, whether obligations under the work as per the contract are distinct, i.e. whether off shore supply is an independent scope of work in the contract? - PE in India - Held that....... + More
2016 (9) TMI 163 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : Banca Sella S.P.A.
Taxability as a result of amalgamation - A foreign company has a branch in India holding shares in India company - Determination of the fair market value of shares of SSBS - Held that - Explanatory Notes to Finance Act 1967 clarifies that tax liabilities are attracted in the case of both amalgamating company and shareholders. But even if such cases are treated transfer within the meaning of section 2(47) of the Act, the important question is whet....... + More
2016 (9) TMI 162 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : Shinsei Investment I Ltd.
Capital gain on transfer of shares - Tax liability in India - India-Mauritius DTAA - Held that - This is a matter of fact and can be examined from share purchase agreement and other documents filed by the applicant. Sinshei Bank is a party to, the share purchase agreement because it is the sponsor and settler of the mutual fund in India and as required under the mutual funds regulations, Sinshei Bank Ltd. executed a trust deed dated 16. 7.2008 wi....... + More
2016 (9) TMI 119 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : Tiong Woon Contracting (P.) Ltd.
Income taxable in India - nature of activities carried on by the Applicant, which is a Singapore based company and a non-resident - P.E. in India - Held that - The claim of the applicant more particularly is that out of three years, in only one year, there is more than 183 days of working. On this basis, the applicant wanted to know his tax liability for the years where it has not exceeded 183 days. The Department has filed its reply on dated 11........ + More
2016 (5) TMI 1341 - AUTHORITY FOR ADVANCE RULINGS
In Re : Hyundai Heavy Industries Co. Ltd.
Applicability of section 44BB - Profits derived by the installation permanent establishment for executing contract awarded by Indian Oil Corporation Limited (IOCL) for installation of SPM systems - whether assessable to tax in India as per the provisions of section 44BB of the Income-tax Act, 1961 ? - Held that - We find that in this case the applicant had entered into two separate contracts with IOCL and L&T respectively. As regards contract wit....... + More
2016 (1) TMI 814 - THE AUTHORITY FOR ADVANCE RULINGS NEW DELHI
Lead Counsel of Qualified Settlement Fund (QSF) , USA and Bernstein Litowsitz Berger and Grossmann LLP, New York, NY and Grant & Eisenhofer P.A., Wilmington, DE and Baroway Topaz Kessler Meltzer and Check, LLP, Radnor, PA and Labaton Sucharow LLP, New York, NY and Kessoer Topaz Meltzer & Check, LLP, Radnor
Taxability of Settlement amount - TDS u/s 195 - Settlement Fund payable under the Stipulation to the Qualified Settlement Fund - whether will be regarded as sum chargeable under the provisions of the Act in the hands of the QSF? - For the purposes of deducting tax at source under Section 195 of the Act on the transfer of the Settlement Amount to the QSF, whether Satyam can take into account the chargeability of the Settlement Amount in the hands ....... + More
2016 (1) TMI 813 - THE AUTHORITY FOR ADVANCE RULINGS NEW DELHI
IN RE : Aker Contracting FP ASA
Consideration received under the Change Order - whether is in the nature of business profits? - Taxability of income - providing Floating Production Storage and Offloading (FPSO) - Fabrication and installation of new living quarters onboard the FPSO facility and procurement and installation of Heating, Ventilation Air Conditioning system ( HVAC ) system onboard the living quarters - Major work was done outside India. - Held that - The considerati....... + More
2016 (1) TMI 793 - THE AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : Aberdeen Claims Administration Inc. and Aberdeen Asset Management Plc.
Taxability of Settlement amount received - trading business or capital receipts - Settlement Amount to be received by Aberdeen US as trustee for the Claims trusts from Satyam - Held that - The nature of settlement amount is of capital receipt and it cannot be categorized as income. Further this amount has been received against surrender of right to sue which cannot be considered for the purpose of capital gains under section 45 of the Income-tax ....... + More
2016 (1) TMI 792 - THE AUTHORITY FOR ADVANCE RULINGS NEW DELHI
In Re : Cummins Limited
Supply management service fees received - is in the nature of Fees for Technical Services or royalties within the meaning of the term in Article 13 of the India-UK double tax avoidance agreement ( India-UK treaty )? - concept of make available - Held that - The objection of the Revenue that the agreement entered into by the applicant with CTIL is a scheme for tax avoidance is without any merits. To say that the applicant has entered into contract....... + More
