Tag: 267 ITR

S.C : Whether the Malaysian income cannot be subjected to tax in India on the basis of the Agreement of Avoidance of Double Taxation entered into between Government of India and Government of Malaysia?

Supreme Court Of India CIT vs. P.V.A.L. Kulandagan Chettiar (Dead) Through LRs Sections 90, DTAA between India & Malaysia, arts. IV, V, VI, VII & XXII S. Rajendra Babu, C.J. & G.P. Mathur, J. Civil Appeal Nos. 5746, 5752, 5754 to 5756, 5760, 5761 & 6229 of 1997 and 2006 & 2451 of 2000 26th May, …

AAR : Whether, in the facts and circumstances of the case and having regard to the terms of borrowal with the foreign company and also the clauses of the Double Taxation Avoidance Agreement between India and Mauritius, the applicant is required to deduct tax at source under the laws for the year ended 31st March, 2002, on the payment of interest to the foreign company especially when the foreign company has no permanent establishment in India and interest income is exempt from tax?

Authority For Advance Rulings Yu Bo Investment Company (P) Ltd., In Re Sections 10(15)(iv), 193, Double Taxation Avoidance Agreement between India & Mauritius, Art. 11 Asst. Year 2002-03 Syed Shah Mohammed Quadri, J., Chairman; K.D. Singh & K.D. Gupta, Members AAR No. 596 of 2002 24th May, 2004 Ruling K.D. GUPTA, Member : The applicant is …

S.C : This appeal is against the judgment dt. 24th Aug., 2000. Mr. Rohatgi has raised a preliminary objection to the Special Leave Petition being proceeded with by this Court.

Supreme Court Of India Mahanagar Telephone Nigam Ltd. vs. Chairman, CBDT & Anr. Sections ART. 136, ART. 226 S.N. Variava & H.K. Sema, JJ. Civil Appeal No. 3058 of 2004 7th May, 2004 Counsel Appeared T.R. Andhyarujina with S. Rajappa, for the Appellants : Mukul Rohatgi with Sanjiv Sen & B.V. Balram Dass, for the Respondents …

AAR : Advance ruling is required for, whether tax at source is to be deducted for the following type of transactions : (i) Commission payable to above said non-residents on export earnings; and (ii) Retainer fees payable to above said non-residents apart from commission payable on export earnings

Authority For Advance Rulings Ind Telesoft (P) Ltd., In Re Sections 195 Syed Shah Mohammed Quadri, J., Chairman; K.D. Singh & K.D. Gupta, Members AAR No. 543 of 2001 5th May, 2004 Ruling Syed Shah Mohammed Quadri, J., Chairman : None appears for the applicant. The applicant M/s Ind Telesoft (P) Ltd., Bangalore, a resident company, …

AAR : Whether the income receivable by M/s Flakt Woods AB (hereinafter referred to as “Flakt AB”) which is a company incorporated in Sweden and accordingly a tax resident of Sweden, in the form of “royalties” from M/s Flakt (India) Limited (hereinafter referred to as the “applicant”) under the IP Licence and Fee Agreement and Trademark Licence and Fee Agreement, would be subject to tax in its hands in India only on cash or receipt basis, as per the provisions of art. 12 of the Double Taxation Avoidance Agreement entered into between the Government of India and the Government of the Sweden (hereinafter referred to as “India-Sweden tax treaty”?

Authority For Advance Rulings Flakt (India) Ltd., In Re DTAA between India & Sweden, art. 12, DTAA between India & Switzerland, Art. 12, 195 Syed Shah Mohammed Quadri, J., Chairman; K.D. Singh & K.D. Gupta, Members AAR Nos. 622 & 623 of 2003 22nd April, 2004 Counsel Appeared Rahul Krishna Mitra, for the Applicant : S. …

Madras H.C : This appeal is directed against the order of the Tribunal, upholding the orders of the authorities below and it pertains to the asst. yr. 1991-92.

High Court Of Madras Ar. Alagappa Chettiar vs. Income Tax Officer Sections 45, 48 Asst. Year 1991-92 A.S. Venkatachalamoorthy & P.K. Misra, JJ. Tax Case No. 402 of 2001 19th April, 2004 Counsel Appeared C.V. Rajan, for the Appellant : T. Ravikumar, for the Respondent JUDGMENT A.S. Venkatachalamoorthy, J. : This appeal is directed against the …

AAR : Whether Norasia Container Lines Ltd., a company incorporated and registered in Malta, and being a resident in Malta is assessed to tax in Malta on a world-wide income basis, be subject to income-tax in India on its freight income earned in India from shipping business of operating merchandise vessels in international waters?

Authority For Advance Rulings Norasia Container Lines Ltd., In Re Sections : DTAA between India & Malta, art. 8, 90(1) Syed Shah Mohammed Quadri, J., Chairman; K.D. Singh & K.D. Gupta, Members AAR No. 555 of 2001 19th April, 2004 Counsel Appeared Kunjan Gandhi, for the Applicant : Paramjeet Singh, for the CIT concerned Ruling Syed …

S.C : The authority of the bankers to round up the existing interest rates to 0.25 per cent is in question in these appeals which arise out of a judgment and order dt. 18th Dec., 1998 passed by the High Court in Karnataka in Writ Petn. No. 3927 of 1994.

Supreme Court Of India Indian Banksâ€™ Association & Ors. vs. Devkala Consultancy Service & Ors. Sections INT 2(5), INT 4, INT 5, INT 26C, ART. 226 Banking Regulation Act, 1949, s. 35A V.N. Khare, C.J. & S.B. Sinha, J. Civil Appeal Nos. 4655 & 5218 of 2000 16th April, 2004 Counsel Appeared : Altaf Ahmed, L. …

S.C : The present appeal is directed against the judgment and order dt. 30th April, 2001, in Writ Petn. No. 1617 of 1998 passed by the High Court of judicature at Madras whereby the Division Bench of the Madras High Court dismissed the writ petition of the appellant-association and held ss. 66, 67 (o) of the Finance Act, 1994 and r. 2(1)(d)(ix) of the Service-tax Rules, 1994, and other provisions related to Kalyana Mandapams and Mandap-keepers to be intra vires of the Constitution of India.

Supreme Court Of India Tamil Nadu Kalyana Mandapam Association vs. Union Of India & Ors. Sections ART. 366(29A)(f), Sch. VII, List I, Entry 97, FA1994 65(10), FA1994 65(19), FA1994 65 (20), FA1994 65(41)(p), FA1994 66, FA1994 67 S. Rajendra Babu & Dr. AR. Lakshmanan, JJ. Civil Appeal No. 2727 of 2002 15th April, 2004 Counsel Appeared …

Delhi H.C : The contention raised by the petitioners is that an order made by the Settlement Commission under s. 245D of the IT Act, 1961

High Court Of Delhi Sukhmani Associates (P) Ltd. vs. Income Tax Settlement Commission & Ors. Sections 116, 154, 245D, 245F, 245-I B.C. Patel, C.J. & Badar Durrez Ahmed, J. Civil Writ Petn. Nos. 3298, 3321, 3322, 3323, 3326, 3340, 3343, 3359, 3496, 3858, 3866, 3867, 3902, 4686, 4908, 5395, 5649 & 6207 of 2003 and 2323 …