Judgment Search Results Home > Cases Phrase: aircraft amendment act 2007 section 12 amendment of section 11 Sorted by: recent Court: authority for advance rulings Page 1 of about 46 results (0.093 seconds)

Gearbulk Ag Vs. Director of Income-tax (international Taxtion) Bangalo ...

Court : Authority for Advance Rulings

..... treaty). the agreement was entered into on 29th december, 1994 and it was notified under section 90 of the income tax act on 21st april, 1995. the dtaa was amended in 2001 and after amendment, another notification was issued by the central govt. under section 90 on 7th february, 2001. as in many other treaties, ..... on the united nations model convention which explains the rationale of the provision reserving the right of taxation to the country of residence in respect of aircraft and shipping operations. the following passage in unmc commentary has been referred to: the exemption from tax in the source country of foreign enterprises engaged ..... contracts, the applicant enters into further contracts with port agents, brokers and stevedores. the applicant only undertakes transportation of cargo. 2.2. during the financial years 2007-08 and 2008-09, the applicant entered into a shipping contract with usl, shipping fze ( dubai charterer) for transportation of cargo from indian ports to china. .....

One Stop Airline Mro Support Vs. Commissioner of Customs

Court : Authority for Advance Rulings

Reported in : (2008)(126)ECC216

..... be exempt from payment of additional custom duty under section 3(1) of customs tariff act read with entry no. 54b of notfn. no. 6/2006-ce dated march 1, 2002 (as amended) notifications no. 19/2007-ce dated 7.3.2007? this question and other similar questions have been slightly recast by giving reference to section ..... contained in the preceding condition no. 101. 'operator', according to the said definition, means "a person, organization or enterprise engaged in or offering to engage in aircraft operation". thus, an operator cannot be equated to a third party importer like the applicant, the departmental representative contends. we find no substance in this contention. the ..... pool would be exempt from payment of additional customs duty under entry 54b of notification number 6/2006-ce dated march 1, 2006 (as amended)? the importation of aircraft components/spare parts for storing the same in a 'regional pool' pursuant to the contracts entered into with the airline companies in india which .....

In Re: Cargo Community Network

Court : Authority for Advance Rulings

..... of hearing of the application on september 27, 2006, mr. s. ramesh, learned counsel for the applicant, sought and was granted permission to amend the question. following is the amended question: whether the payment made by the indian subscriber to the cargo community network private limited at singapore, for providing a password to access and ..... arrive at the economics of transporting the cargo to the desired destination. the cargo space availability for booking cargo can be checked only for a specified aircraft of specified airlines. the agent can book the cargo by choosing a specified airline and submitting the details asked for in the booking sheet like airway ..... fee, system connect fee and helpdesk support charges cannot be treated as royalty or fees for technical services either under the double taxation avoidance agreement or the act.12. during the course of oral hearing on september 27, 2006, and in the subsequent written submissions filed on november 13, 2006, it has been .....

In Re: R and B Falcon (A) Pty Ltd.

Court : Authority for Advance Rulings

Reported in : (2007)289ITR369AAR

..... the answer to question no. 104 in the said circular shows that it is not liable to fbt and that subsequently section 115wb(3) of the act was amended by finance act, 2006 to exclude from the operation of fbt any free or subsidized transportation facility provided by the employer to his employees for journeys by the employees from ..... to point.... conveyance - the action of carrying or transporting; a means of transport.... transport - carry (people or goods) from one place to another by means of vehicle, aircraft or ship....7. in the model convention on income and capital issued by oecd term 'residence' is explained in the context of the tie-breaker rule. it is stated " ..... , the following purposes, namely- the following clause (q) shall be inserted after clause (p) in sub-section (2) of section 115wb by the finance act, 2006 w.e.f. 1st april, 2007: (3) for the purposes of sub-section (1), the privilege, service, facility or amenity does not include perquisites in respect of which tax is paid .....

Bourbon Offshore Asia Pte. Ltd. Vs. Director of Income-tax(internation ...

Court : Authority for Advance Rulings

..... only if the applicant goes out of the purview of section 9(1) (vii) of the act read with explanation 2 thereof. it is submitted that though the amendment to section 44bb and 44da was made effective from 1 april, 2011, the amendment is clarificatory in nature and should be read into the main provisions of section 44bb with effect ..... therefore such offshore services vessels are the basic requirement for carrying out activity of offshore drilling operations. 3. the applicant submits that section 44bb of the income-tax act 1961 (act) applies to non-residents who are engaged in the business of providing services or facilities which are in connection with or supplying plant and machinery on hire used, ..... drill inc. it is further submitted that fee for technical services cannot be taxed u/s.44bb of the act in view of the decision by the honble high court of utterakhand in the case of rolls royce pvt. ltd. 2007-tii-03-sc-ukhand-intl. 7. there is no dispute that the applicant is engaged in the business .....

R.R. Donnelley India Outsource Private Limited Vs. Commissioner of Inc ...

Court : Authority for Advance Rulings

..... or the right to use, any industrial, commercial or scientific equipment, other than income derived by an enterprise of a contracting state from the operation of ships or aircraft in international traffic. 4. for the purposes of paragraph 2 of this article, and subject to paragraph 5, of this article, the term fees for technical services means ..... services to rrd india and therefore the payment received is not exigible to tax. the apex court in its judgment in ishikawajima-harima heavy industries ltd., vs dit ((2007) 288 itr 408)held that the services rendered outside india will not be taxable in india. all these cases support the stand of the applicant. 6.3 ..... amount received/receivable by rrd uk as per the data processing services agreement is taxable as fees for technical services having regard to the provisions of the income tax act, 1961 ( the act) and the double taxation avoidance agreement between india and uk ( the dtaa)? (2) if the answer to question 1 is negative, given the facts and .....

Bharati Axa General Insurance Co.Ltd. Vs. Director of Income-tax (inte ...

Court : Authority for Advance Rulings

..... bagi) is a company incorporated in india on 13th july, 2007 to undertake the business of general insurance. axa asia regional centre pvt. ltd. (axa arc) is a company incorporated in singapore and it is a part of the axa group of companies. it acts as a central service organization which caters to the requirements of ..... receiver so that there receiver can deploy similar technology or techniques in future without depending on the provider. taking some examples, the training given to a commercial aircraft pilot or training the staff in particular skills such as software development would fall within the ambit of the said expression in clause (c ). supposing, a ..... and as a result of the suggestions and sharing of informations with service provider, the applicant utilizes the technology transmitted to the applicant, who can thereby act independently to develop its business is not a convincing argument. this contention cannot be accepted as it amounts to stretching the point to bring the services .....

Seabird Exploration Fz, Llc,uae Vs. Director of Income-tax (internatio ...

Court : Authority for Advance Rulings

..... gains of such business chargeable to tax under the head profits and gains of business or profession .. explanation for the purpose of this section, - (i) plant includes ships, aircraft, vehicles, drilling units, scientific apparatus and equipment, used for the purpose of the said business; (ii) mineral oil includes petroleum and natural gas as stated by the applicant ..... was in india from march, 2008 to june, 2009, it having been deployed in ongc contract nos. 2138 and 2139. the original agreement which was in november, 2007 was renewed on 1.11.2008. on that date, the vessel was in india. in the chart filed by the applicant (annexure a), the vessel was shown to ..... the factual details relating to the hiring of vessels are given hereinafter. 1.5. the applicant filed a withholding tax application under section 195 of the income-tax act, 1961 ( act) for payments due to vpc requesting for a nil withholding tax order since vpc do not have any income chargeable to tax in india. however, the assessing .....

The Timken Company 1835 Dueber Avenue Sw., Canton, Ohio – 44706 0 ...

Court : Authority for Advance Rulings

..... on 31st march of any year in case it is following an accounting year which ends on a different date. as this was against the legislative intent, the amending act has made it mandatory for all companies to prepare their profits and loss account for the previous year ending 31st march to determine book profits for the purposes of ..... this section even if it is having a different accounting year for the requirements under the companies act. this amendment will come into force with effect from 1st april 1989, and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent years. thus, where ..... of an assessee, being a company, the income-tax, payable on the total income as computed under this act in respect of any previous year relevant to the assessment year commencing on or after the 1st day of april, 2007, is less than fifteen per cent of its book profit, such book profit shall be deemed to be total .....

E*trade Mauritius Ltd. C/O Abax Corporate Services Ltd. Vs. Dit(intern ...

Court : Authority for Advance Rulings

..... the second and third paragraphs deal with right of taxation of capital gains on the alienation of movable property linked with business or profession enterprises and ships and aircrafts. 3. paragraph 4 deals with taxation of capital gains arising from the alienation of any property other than those mentioned in the preceding paragraphs and gives the ..... law, the applicant will be liable to pay tax on long term capital gains at 10% under the proviso to section 112(1) of the income-tax act, 1961 ( it act )? 3. the contentious issue that arises for consideration is whether the profit arising from the transfer of shares of indian company is chargeable to capital gains ..... shares in ilandfs investsmart limited ( indian company) which are listed on stock exchange in india. the applicant had acquired these shares in the years 2005, 2006 and 2007. the shares were acquired by way of direct purchases as well as upon conversion of the global depository receipts ( gdrs ) as per the details set out in .....