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Income Tax - Advance Ruling Authority - Case Laws

Showing 81 to 100 of 362 Records

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  • 2012 (8) TMI 434

    Gift by foreign company incorporated in Singapore of shares held in Indian company to its Indian subsidiary without consideration - transfer effected before the coming into force of section 56(2)(viia) applicant contending non-taxability u/s 45 r.w.s. 48 since the transfer was one without consideration whereas Revenue questioning genuineness of the transaction and contending the same to be with purpose of avoiding tax Held that - The shares dealt....... + More

  • 2012 (8) TMI 433

    India-Mauritius DTAA chargeability to tax of the proposed transaction of sale of shares of GSKPL, the Indian company, to GSK Pte. Singapore by applicant company being Mauritius resident and part of GSK group Held that - It is observed that shares were held by the applicant from the year 1993 in one and from the year 1996 in the other and had no intention to trade in those shares and they were held as investments. Hence, it is ruled that the share....... + More

  • 2012 (8) TMI 280

    India UAE DTAA - contract with the UAE Company for seismic data acquisition on Cauvery and Krishna Godavari basin - can the income derived by the applicant be construed in the nature of Fees for technical services‟ u/s 9(1)(vii) - Held that - The applicant is engaged in the business of providing services or facilities in connection with the prospecting for oil but clearly the applicant cannot be said to have undertaken a mining or like proj....... + More

  • 2012 (8) TMI 200

    Mud Engineering Services - income derived in India for the services rendered to Naptogaz - whether covered under the provisions of section 44BB or is liable to be independently taxed as fees for technical services in terms of section 9(1)(vii) - Held that - Explanation (2) to section 9(1)(vii) depicts that the consideration received for rendering technical services will not be fees for technical services if it is consideration for any constructio....... + More

  • 2012 (8) TMI 162

    India-Mauritius DTAC - sale of shares of a US Company holding 100 per cent shares of company incorporated in India by a Mauritian company to another US company - Held that - The beneficial ownership has not prevailed over the apparent legal ownership & Company law also recognized the recorded owner of the shares and not the person on whose behalf it may have been held thus the applicant is justified in its view that capital gains arising on t....... + More

  • 2012 (8) TMI 161

    DTAA between India and Austria - claim of absolute exemption from levying of tax in India - assignment of work to sub contractor by original assessee/applicant - Held that - That under paragraph 3 of Article 5 of the DTAC, the applicant shall be deemed to have a PE in India and to carry on business through that PE if it provided services and facilities in connection with prospecting or extraction or exploration of mineral oil in India - as activi....... + More

  • 2012 (8) TMI 88

    Formation of Association of persons (AOP) - held that - The fact that the two consortium members entered into an memorandum of understanding first and then into an agreement between them separating their area of operations, cannot alter the picture. Nor can the fact that payments were agreed to be made to them separately for the work they had divided between them affect the status they acquired when they came together to bid for the work and thei....... + More

  • 2012 (7) TMI 497

    India-Mauritius Double Taxation Avoidance Convention - capital gain on sale of shares - Held that - The applicant has a Tax Residency Certificate from Mauritius is registered as a Foreign Venture Capital Investor considering Article 13 of the DTAC wo....... + More

  • 2012 (6) TMI 187

    DTAC between India and Singapore - permanent establishment - applicant (Singapore Company) being part of Aramex group of companies who is in the business of international express, entered into an agreement dated 1.4.2010 with AIPL(Indian subsidiary of Aramex International Ltd ) - key features of the agreement are that the applicant appointed APIL as a non-exclusive service provider and APIL undertakes the international express business of the app....... + More

  • 2012 (6) TMI 186

    DTAA between India and France - Consortium Contract - taxability of amount receivable under project by appellant (foreign company) - contract awarded by Bangalore Metro Rail Corporation Limited to implement the design, manufacture, supply, installation, testing and commissioning of signaling/ train-control and communication system assessee contended it to be divisible, off shore contract of sale and services - Held that - Purpose for which the te....... + More

  • 2012 (6) TMI 18

    DTAA between India & USA - contract for repair and overhauling services of turbines - whether Fees for Technical Services(FTS) - assessee (USA company) in addition to contract for supply and installation of turbines had entered into yet another contract for repair and overhaul services of the turbines - scope of work included inspection and boroscoping periodically - liability for withholding taxes - Held that - Portion of the consideration m....... + More

  • 2012 (5) TMI 345

    Whether payments made to the applicant (a company based in Germany), in terms of the Cost Allocation Agreement, can be treated as income in the hands of the applicant and whether it is not merely a reimbursement of the expenses incurred for the Research and Development. - held that - The theory of reimbursement propounded cannot stand. - The payment occurs only when the process or scientific experience is used by a member. It is not a sharing of ....... + More

  • 2012 (5) TMI 235

    Application for advance rulings before AAR after filing of return u/s 139(1) - held that - the date of the filing of the application before the Authority should be the crucial date for determining the question of the applicability of clause (i) of the proviso to section 245R(2) of the Act and not the date when the application comes up for hearing either under section 245R(2) or under section 245R(4) of the Act. - Once we come to the conclusion th....... + More

  • 2012 (5) TMI 111

    Contract for services for supply, installation and commissioning of 36 manometer gauges with ONGC - Held that - On a proper reading of the Invitation to Tender and the contract entered into it is a contract for installation of equipment which the tenderer itself is to supply - it is an indivisible contract - the object in floating the tender is in furtherance of oil extraction - all payments received by the applicant under the composite contract ....... + More

  • 2012 (5) TMI 104

    Whether the amount received by offering subscription based service is taxable in India social media monitoring service - . It is a platform for users to hear and engage with their customers, brand ambassadors etc. across the internet. - The applicant is wholly controlled and managed from Singapore where the company was incorporated. It was not having a permanent establishment in India. All its directors are non-residents. - Held that - amount rec....... + More

  • 2012 (4) TMI 351

    Payments made for managerial services in terms of paragraph 4 of Article 13 of the DTAC between India and France - Applicant is a 100% subsidiary of a French company service agreement on an automatic renewal of its terms for one year at a stretch assessee contested that managerial services were not included in the concept of included services under the India US Convention and the payments could be understood only as the business income of the Fre....... + More

  • 2012 (4) TMI 154

    DTAC between India & Mauritius Taxability of gains arising from transfer of shares and CCDs held by Mauritius company in Indian company Z ltd (Mauritius company) along with Vltd (Indian Company) invested in shares and CCDs of S Ltd (Indian company) engaged in development of real estate project in India prior to the mandatory conversion date of CCDs, V was given the call option to purchase particular shares and CCDs from Z, which was exercised....... + More

  • 2012 (4) TMI 153

    DTAC between India & Mauritius - Buy back of shares proposed by A Ltd Co major shareholders are A (Mauritius company) - 25.06% shareholding, A (USA) - 48.87% shareholding and A (Singapore) - 27.37% - offer accepted by only A (M) both in year 2008 and 2010 Revenue contended that tax is sought to be evaded in guise of buy back of shares Held that - It is significant that offer of buy-back was accepted only by A (M) and not by A (USA) or A (Sing....... + More

  • 2012 (4) TMI 74

    DTAA - No PEs - Fees for technical services - Whether, on the facts and circumstances of the case, the payments received/receivable in connection with following costs incurred/proposed to be incurred for and on behalf of X India, are chargeable to tax in India - the payment received/receivable by the applicants in connection with the IVTC services are in the nature of technical services and taxable as FTS under section 9(1)(vii) of the Income-tax....... + More

  • 2012 (4) TMI 50

    DTAA between India and Netherlands - Capital gain - release and relinquishment of tenancy rights - The applicant is a Dutch citizen since 1984 and holds a card of Person of Indian Origin since 6.10.2003 - As regards the amount received on release of tenancy rights, the tenancy rights are in respect of real estate and would be gains derived from alienation of immovable property. As the immovable property is situated in India, the gains are taxable....... + More

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