2018 (4) TMI 460 - AUTHORITY FOR ADVANCE RULINGS, NEW DELHI
In Re : Sea Bird Exploration FZ LLC
Nature of income derived - Royalty - Services provided by the Applicant to ONGC - whether to be construed to be in the nature of Fees for Technical Services ( FTS ) under section 9(1)(vii) - DTAA between India and UAE - PE in India - Held that - The consideration for services provided by the Applicant to ONGC will not be construed to be in the nature of Fees for Technical Services under section 9(1)(vii) of the Act. - The consideration for servic....... + More
2018 (3) TMI 738 - AUTHORITY FOR ADVANCE RULINGS, NEW DELHI
In Re : Finnish Fund for Industrial Cooperation Ltd.
Entitlement to the benefit of proviso to Section 112 (1) - concessional rate of tax at 10.506 (inclusive of surcharge and cess) - non-resident assessee - tax on the long-term capital gains earned by the Applicant on sale of shares of Andhra Pradesh Paper Mills Ltd. an Indian listed company, pursuant to an open offer - Applicant is a Company registered in Finland - Held that - Following the decision Cairn UK 2013 (10) TMI 430 - DELHI HIGH COURT we....... + More
2018 (2) TMI 1428 - AUTHORITY FOR ADVANCE RULINGS, MUMBAI
In Re : Worldwide Wickets
Capital gains arising to the Applicant- Transferor, a tax resident of Mauritius, from sale of shares - Benefit of DTAA - whether the Transferee shall not have any liability to deduct tax at source under section 195? - department contended that the working of capital gain involves correctly working out the total sales consideration which in turn depends upon the value assigned to each share of SIPL and Scorpio and this involves the determination o....... + More
2018 (2) TMI 856 - AUTHORITY FOR ADVANCE RULINGS, NEW DELHI
In Re : “AB” Mauritius
Taxability of capital gains in India - transfer of shares held in AB India to its subsidiary company, AB Singapore - eligibility of benefits of India-Mauritius tax treaty - benami transaction - Held that - Neither was the Applicant acting on its own behalf in taking decisions like an independent company with a separate legal status in a foreign territory, regarding the investment in AB India, though it was an Investment Holding company itself; an....... + More
2018 (2) TMI 855 - AUTHORITY FOR ADVANCE RULINGS, NEW DELHI
In Re : AB Holdings, Mauritius-II
Taxability of capital gains in India - transfer of shares held in AB International Private Limited ( AB International) to a group company, AB Singapore Pte - eligibility of benefits of India-Mauritius tax treaty - Held that - Yes, the Applicant would be entitled to the benefits of the Agreement between the Government of Mauritius and the Government of the Republic of India for the avoidance of double taxation and prevention of fiscal evasion; and....... + More
2018 (2) TMI 771 - AUTHORITY FOR ADVANCE RULINGS, NEW DELHI
In Re : Honda Motor Co Limited
Entitlement to benefit of proviso to Section 112 (1) - tax payable on the long term capital gains arising on the sale of equity shares of Hero Honda Motors Ltd. - benefit of indexation under Second proviso to Section 48 - Held that - The benefit of the proviso of Section 112(1) of the Act is applicable in the case of non-resident as well,in spite of section 48. This issue is identical to the above case and the decision in Cairn UK 2013 (10) TMI 4....... + More
2018 (2) TMI 521 - AUTHORITY FOR ADVANCE RULINGS, NEW DELHI
In Re : Hewlett Packard India Software Operation Private Limited
Accrual of income - Taxability in India of the salary of its employees sent abroad for rendering services to a foreign company - assessment of income for period of deputation - DTAA - Held that - The income earned by the assignees/employees from the services rendered in USA / Germany, respectively, would be chargeable to tax in the USA / Germany only, and not in India, for the period of their deputation. - As the assignees are not liable to be ta....... + More
2018 (2) TMI 520 - AUTHORITY FOR ADVANCE RULINGS, NEW DELHI
In Re : Texas Instruments (India) Pvt. Ltd.,
Taxability in India of the salary of its employee, sent abroad for rendering services to a foreign company - Accrual of income - assessment of income for period of deputation - DTAA - withhold taxes on such salary paid in India - Held that - The Income earned by Mr T N Santhosh Kumar from the services rendered in the USA would be chargeable to tax in the USA, and not in India, during the period that he was rendering services in the USA. - We are ....... + More
2018 (1) TMI 947 - AUTHORITY FOR ADVANCE RULINGS, NEW DELHI
In Re : Mr Dipankar Mohan Ghosh C/o R.N. Marwah And Co.
Deduction u/s 54 eligibility - investment outside India - Applicant, being a resident of UK, having sold his share of residential property in New Delhi to the extent of reinvestment in acquiring a residential property abroad i.e. in U.K. - prior to the prospective amendment made w.e.f 01.04.2015 by the Finance Act, 2014. - Held that - We respectfully follow the decision of the Gujarat High Court in Leena Jugalkishore Shah 2016 (12) TMI 351 - GUJA....... + More
2018 (1) TMI 946 - AUTHORITY FOR ADVANCE RULINGS, NEW DELHI
In Re : M/s Michelin Tamil Nadu Tyres Private Ltd.
Income taxability in India - income from the off shore supply of equipment - Income deemed to accrue or arise in India - Permanent Establishment in India - India - France DTAA - Withholding of tax u/s 195 - Held that - Since all parts of the transaction in question i.e. the transfer of property in goods as well as the payment, were carried out outside the Indian soil, the transaction could not be taxed in India. Also, there exists a difference be....... + More
2018 (1) TMI 945 - AUTHORITY FOR ADVANCE RULINGS, NEW DELHI
In Re : GEA Refrigeration Technologies GmbH, DorstenerStrasse 484 44809 Bochum Germany
Income chargeable to tax in India - income derived by the shareholders of Bock GmbH from the sale of shares of Bock GmbH, Germany - India-Germany DTAA - Bock GmbH, Germany holds 100 share capital of Bock India Private Limited - liability to TDS u/s 195 - Held that - Applicant s income cannot be brought to tax in India under the provisions of the Income tax Act 1961, as Bock GmbH derives its value substantially from its other companies situated in....... + More
2018 (1) TMI 944 - AUTHORITY FOR ADVANCE RULINGS (INCOME TAX), NEW DELHI
In Re : Production Resource Group
Taxability in India - payments received/to be received by the Applicant for rendering, lighting and searchlight services to the Organizing Committee, Commonwealth Games 2010, Delhi - India-Belgium Tax Treaty - Held that - Taking a restricted view of the term, it cannot be said that the Applicant had made available technical knowledge, experience, skill, know-how or processes, which enable the development and transfer of a technical plan or techni....... + More
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
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