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In Re : Tiong Woon Contracting (P.) Ltd.

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

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 11.1.2016. In short, the Department contends that the .....

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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 business profits are taxable at the rate of 40%. - The learned counsel Shri K. Me .....

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ed:- 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 Singapore based company and a non-resident as per the provisions of Section 6(3) of t .....

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stallation 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. This renting is claimed to have been done by the applicant as per the terms contained .....

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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 erection and installation of certain equipment of the customer at Mangalore Refiner .....

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unsel 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 of working. On this basis, the applicant wanted to know his tax liability for the .....

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