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2016 (9) TMI 119 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI

2016 (9) TMI 119 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI - [2016] 387 ITR 350 - 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 .....

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eement (DTAA) and hence, the business profits attributable to the said PE are the applicant's income arising in India under Section 9(1)(i) of the Act and assessable as such in India in terms of Article 7 of the said DTAA for Assessment Years 2015-16 and 2016-17, which are the years where the applicant has not exceeded 183 days. The Department has also taken a stand that for the purpose of computing the business profits, Section 44BB of IT Act is applicable to the case of the applicant. Such bus .....

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e dated 11.1.2016. The application is disposed of. - A.A.R. NO. 1700 OF 2015 - Dated:- 16-8-2016 - V.S. SIRPURKAR, A.K. TEWARY AND R.S. SHUKLA, JJ. For The Applicant : K. Meenatchi Sundaram For The Department : I.P.S. Bindra and S.S. Negi RULING V.S. Sirpurkar, J.- The applicant Tiong Woon Project & Contracting (Pte) Ltd. is a tax resident of Singapore. It has raised two questions which are as under:- (i) Whether looking to the nature of activities carried on by the Applicant, which is a Sin .....

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renting/leasing of heavy lifting cranes for use and (ii) providing erection and installation of heavy equipment like furnaces, boilers, coke drums, fractionators, chimneys, turbines, generators etc. in many countries in Asia. 3. The applicant further submits that it had rented out a crane 'Demag CC 8800-1 (SSL)' having a capacity to lift 1600 metric tons for a period of 7 months commencing from 17.02.2015, which is expected to end on 15.09.2015 to M/s. GR Engineering Private Limited. Thi .....

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hich is engaged in refining of mineral oils. The applicant has also given a print out from the website of BPCL in support of his contention. It is then reminded that 3 applications of the applicant are pending for disposal in this Authority are (i) Erection and Installation of certain equipment of the customer at Guru Gobind Singh Sagar Refinery at Bathinda, Punjab during the period 25.2.2010 to 15.10.2010 for M/s. L&T Limited by using two Cranes; (ii) the second application relates to the e .....

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ember, 2007. On this background, the above questions were asked. 4. The learned counsel before us made a statement that the 3rd Application i.e. M/s. Bramhaputra Craker & Polymer Limited already stands allowed holding that the consideration received is not taxable as the total period of the operation of the applicant is less than 183 days. 5. In the present application also, the claim of the applicant more particularly is that out of three years, in only one year, there is more than 183 days .....

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