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2012 (8) TMI 744 - AAR - Income TaxOff-shore supplies & services - application by the Revenue for rectifying mistake apparent from the ruling pronounced by the Authority - Held that:- Going through the ruling rendered in CTCI Overseas Corpn. Ltd., In re [2012 (2) TMI 75 - AUTHORITY FOR ADVANCE RULINGS] it is seen that there is a clear omission to consider the impact of the finding that the consortium which has been entrusted with the contract and of which one of the members was an Indian resident, had the status of an AOP under the Act. Once the status of an AOP has been assigned to the consortium, then the consortium can be assessed only as an AOP and not its members individually. Therefore, the logical conclusion to the ruling should have been that the transaction of offshore supplies which was part of the contract undertaken by the consortium, had to be considered on the basis that it was an activity carried on by the consortium - thus the offshore supplies is not liable to tax in India is a ruling inconsistent with the finding that the assessing unit is an AO - the mistake is apparent and it requires to be corrected - allow the application filed by the Revenue to the extent of reopening that part of the ruling which rules that the amount received / receivable from the applicant from the offshore supplies in terms of the contract dated 17.11.2009 is not liable to tax in India
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