Authority for Advance Rulings Court August 2001 Judgments

Pro-quip Corporation Vs. Commissioner of Income Tax

Court: Authority for Advance Rulings

CIT v. Elecon Engg. Co. Ltd., 1987 166 ITR 66; Nippon Electronics (P.) Ltd. v. CIT, 1979 116 ITR 231 (1 Taxman 122) (Kar.) 1. The following two questions have been raised by the applicant Pro-Quip Corporation USA for advance ruling : "1. Whether the applicant is liable to tax on the amount received from Linde Process Technologies India Ltd. towards consideration for the sale of Engineering, Drawings and Designs received under Purchase Order No. 19004, dated 11-12-1998 of Linde Process Technologies India Ltd. 2. Whether the applicant is entitled to the refund of the tax, deducted by Linde Process Technologies India Ltd. calculated at the rate of 15 per cent on the part of the total remittance of US $ 2, 59, 875 together with interest on delayed payment of tax deducted at source already deposited with bank by the said company aggregating to Rs. 17, 10, 525 ?" 2. The case of the applicant is that it is resident in the United States of America. It was incorporated in the State of Oklahoma...