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Appellants: KnoWerX Education (India) Private Limited Vs.Seth Pushalal Mansinghka (P.) Ltd. v. CIT; Turner Morrison & Co. Ltd. v.Commissioner of Income-tax 1. M/s KnoWerX Education (India) Private Limited, states in its application that it is engaged in promoting professional examinations/certification programmes of foreign institutes, societies, professional bodies, etc., of international repute, which do not have any establishment of their own in India. In the course of this activity, the applicant has signed an agreement with the American Production and Inventory Control Society, Inc. (APICS) which is a non-profit making body, and offers three certification programmes, namely, CPIM, CIRM and CSCP. The applicant is in the process of signing another agreement with the American Society of Transportation and Logistics Inc. (AST&L) which is also a non-profit making body and offers its own certification programme known as CTL programme. The applicant intends to sign similar agree...
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A. Sinha, J. M/s KnoWerX Education (India) Private Limited, states in its application that it is engaged in promoting professional examinations/certification programmes of foreign institutes, societies, professional bodies, etc., of international repute, which do not have any establishment of their own in India. In the course of this activity, the applicant has signed an agreement with the American Production and Inventory Control Society, Inc. (APICS) which is a non-profit making body, and offers three certification programmes, namely, CPIM, CIRM and CSCP. The applicant is in the process of signing another agreement with the American Society of Transportation and Logistics Inc. (ASTandL) which is also a non-profit making body and offers its own certification programme known as CTL programme. The applicant intends to sign similar agreements in future with other foreign entities. Apart from this, the applicant carries on other activities as well, such as, corporate training, open publi...
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Respondent: Commissioner concerned Director of Income-tax (International Taxation) For Appellant/Petitioner/Plaintiff: Yeshwant U. Chavan, Addl. Director of Income-tax For Respondents/Defendant: Anita Sumanth, Adv., Satish Aggarwal, C.A.and Shailesh Kumar, Addl. DIT (Int. Tax) Income Tax Act, 1961 - Sections 48, 49, 55(2), 139, 139(1), 154, 195(2) and 245R(2); Securities Contracts (Regulation) Act, 1956 - Section 2; Securities and Exchange Board of India Act, 1992 - Section 3 1. The applicant hereafter referred to as K-L IG is a company incorporated under the laws of Federal Republic of Germany and is therefore a foreign company. The applicant acquired a 26 per cent stake in an Indian company, namely, M/s Stump, Schuele and Somappa Pvt. Ltd., Bangalore ("SSS Ltd.") during the financial year 1964-65. It appears that these shares were allotted to K-L IG as a consideration for the sale of plant and machinery to SSS Ltd. In course of time, bonus shares were allotted to the applicant and i...
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Appellants: WorleyParsons Services Pty. Ltd. Vs.Respondent: Commissioner concerned Director of Income-tax (International Taxation)-II For Appellant/Petitioner/Plaintiff: Pawan Kumar, FCA, Sandeep Puri, C.A. and Ravi Sharma, Adv.1. The applicant is a company incorporated in Australia and a 'tax resident' of Australia. The applicant which is in the business of providing professional services such as engineering, procurements and project management, entered into a contract with Gas Authority of India Limited (hereinafter to as 'GAIL') in July, 2003. Under the said Contract, the applicant had to monitor the project known as 'Dehej - Vijaipur Gas Pipeline Project' being undertaken by GAIL as project monitoring consultant. The applicant has to carry out the following responsibilities which are set out in Section 4 of the Tender document under the heading "Consultant's Scope of work". Identification of all activities falling on the critical path of the project. Preparation of a look-ahead mo...
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Appellants: Harekrishna Developers (through Jayantibhai Jermabhai Korat)Raheja Development Corporation v. State of Karnataka.Service tax Liability - Construction of residential housing complex - Applicant, a partnership firm, wants to set up a joint venture with a non-resident, to develop a residential housing complex - Residential complex will be constructed by the Applicant itself and said units in complex will be sold to third parties - Whether the Applicant is liable to Service tax under section 65(105)(zzzh) of the Finance Act, 1994 under the notified taxable service of construction of Complex Held, the preamble of Agreement shows that actual sale of land together with the constructed residential unit takes place after the completion of construction, subject to the purchaser/booker paying the sale consideration - Construction of complex in Sub-clause (zzzh) is qualified by the preceding phrase in relation to - This expression In relation to is used by the legislature to widen the...
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