Court : Authority for Advance Rulings
Syed Shah Mohammed Quadri, J. (Chairman), Somnath Pal and B.A. Agrawal, Members For Appellant/Petitioner/Plaintiff: S. Thirumalai and Krupa Venkatesh, Consultants Central Excise Act; Customs Act - Section 28I(2); Central Excise Tariff Act, 1985; Customs Tariff Act, 1975Commissioner of Central Excise, Pondicherry v. ACER India Ltd., 2004 (172) E.L.T.289 (S.C.) 1. M/s Dell India Private Limited - the applicant - is a wholly owned subsidiary of M/s Dell International Inc. USA, a foreign company. M/s Dell Computer India Private Limited is another wholly owned subsidiary of the said foreign company. The applicant acquired the business of the trading division of M/s Dell Computer India Private Limited with effect from November 1, 2004. It proposes to engage in import and trade of computers, desktops, notebooks, workstations, etc. On these facts, the applicant sought advance rulings of the Authority on the following questions:- (a) Whether the pre-loaded software onto the computer hardware c...
Tag this Judgment!Court : Authority for Advance Rulings
Reported in : (2005)193CTRAAR481
Shiva Shankar Granites (P) Ltd. v. ITO, (2002) 75 TTJ (Hyd) 535, (2002) 81 ITD 106 (Hyd); Tuticorin Alkali Chemicals & Fertilizers Ltd. v. CIT, (1997) 227 ITR 172 (SC); CIT v. Pandian Chemicals Ltd., (1998) 233 LTR 497 (Mad); Pandian Chemicals Ltd. v. CIT, (2003) 129 Taxman 539 (SC), [2003] 262 ITR 78 (SC) 1. The applicant is a non-resident individual. He proposes to set up a jewellery unit in Special Economic Zone (SEZ) in Noida, UP. He says that, for purposes of his business, he has to import precious metal to India for which he is required to submit import performance guarantee/financial security/letter of credit. In that connection he has to mortgage/pledge 100 per cent security to bank in the form of FDRs. It is stated that interest accrued on the FDRs and interest charged by bank on financial securities like letter of credit (LC) and other incidental expenses of bank are compulsions of such business without which the business cannot be run in international competitive market...
Tag this Judgment!Court : Authority for Advance Rulings
Justice Syed Shah Mohammed Quadri The applicant is a non-resident individual. He proposes to set up a Jewellary Unit in Special Economic Zone (SEZ) in Noida, UP. He says that, for purposes of his business, he has to import precious metal to India for which he is required to submit Import Performance Guarantee/Financial Security/Letter of Credit. In that connection he has to mortgage/pledge 100% security to bank in the form of FDRs. It is stated that interest accrued on the FDRs and interest charged by bank on financial securities like Letter of Credit (LC) and other incidental expenses of bank are compulsions of such business without which the business cannot be run in international competitive market. His contention is that interest accrued to him on the FDRs is his business income derived from the business of export by his SEZ unit. On these facts, this application under section 245Q(1) of the Income Tax Act, 1961 (for short the Act) is filed by him through Shri Om Prakash Tiwary, Ch...
Tag this Judgment!Court : Authority for Advance Rulings
Reported in : (2005)(185)ELT31AAR
Syed Shah Mohammed Quadri, J. (Chairman), Somnath Pal and B.A. Agrawal, Members 1. M/s Om Construction filed this application under section 96C (1) of the Finance Act, 1994 (for short, "the Act"). It is a resident of India. It is engaged in erection of transmission lines for State Electricity Boards. It seeks an advance ruling on the following question:- "erection of Transmission Lines for State Electricity Boards,etc. Transmission Line is not covered under Plant & Machinery and Equipments as such Service Tax not applicable ".2. On receipt of the application, noticing that prima facie it does not satisfy the requirements of the definition of the term "applicant", contained in Clause (b) of section 96A of the Act, a notice was issued to it to show cause as to why the application should not be rejected in view of the said provision. The application was listed for hearing on 14th December 2004. On that date none appeared for it. To provide further opportunity to M/s Om Construction, ...
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