Array ( [0] => ..... shall rank pari passu with the existing equity shares in the transferee-company. 2. the question which has been formulated in application nos.805, 807 and 809 for seeking advance ruling of this authority is whether the amalgamation, as defined under section 2 (1b) of the i.t. act, 1961, of stel, saml and sar with star india private limited, ..... are filed under section 245 q (1) of the income tax act, 1961 (hereafter referred to as the i.t. act ). three applications viz., appn. nos.805, 807 and 809 of 2009 have been filed by three non-resident foreign companies. they are: 1) star television entertainment limited (stel), 2) star asian movies limited (saml) and 3) star asia region ..... an indian company, will result in any liability under the i.t. act in the hands of the applicants and their share holders? 3. application nos.806, 808 and 810 are filed by three ..... [1] => ..... in india. the payments for other items fall within the scope of art.12 and therefore can be taxed in india, irrespective of the fact that raytheon has no pe in india. question no. 2 is answered in the affirmative. the applicant is liable to deduct tax at source on the payments made to raytheon co, other than those for hardware. the rate ..... within the scope and sweep of royalty and included services dealt with under art.12 of the india-us treaty section 9(1)(vi) and (vii) of the income tax act corresponds to art.12 of the treaty. the royalties and fees for included services may be taxed in the contracting state in which they arise and according to the laws ..... /2009) (mann ar/0002/2010 dt.29-1-2010)case, we have exhaustively considered various aspects of copyright in the context of royalty definition in the i.t.act and treaty. however, it must be pointed out that in dassault systems, the nature of software was different. it was standardized software of special purpose which had the intrinsic ..... [2] => ..... be attributable to the pe of the applicant in india in terms of article 7 of the india- singapore dta. questions (a) and (c): 3. section 5(2) of the it act lays down that a non-resident is liable to be taxed in india on income which accrues or arises in india or on income which is deemed to accrue ..... state an authority to conclude contracts on behalf of the enterprise, unless his activities are limited to the purchase of goods or merchandise for the enterprise; (b) he has no such authority, but habitually maintains in the first-mentioned state a stock of goods or merchandise from which he regularly delivers goods or merchandise on behalf of the enterprise; ..... on this enterprise (personnel) conduct the business of the enterprise in the state in which the fixed place is situated. 6.1. the applicant contends that it has no premises or facilities or installations owned, leased or kept at its disposal in india nor does it have any other kind of physical presence in india. it only has its ..... [3] => ..... grant of perpetual and irrevocable licence in relation to brewing i.p. is concerned, the same is not liable to be taxed under the income-tax act, 1961. 15. question no. (2): if the above mentioned receipt is held taxable in india, then whether the applicant is justified in contending the tax should be computed based on the ..... from pfizer case in all respects. 9.3. applicants counsel also places reliance on the constitution bench decision of the supreme court in the case of twentieth century finance corporation(supra). the following passages at paragraphs 25 and 28 (of stc) were relied upon in particular: where the party has entered into a formal contract and ..... residence of the owner. in the course of arguments and in the written submissions, it is contended, relying on the decision of supreme court in 20th century finance corporation*, that the place where the contract is executed and put into effect is the situs of an intangible in the nature of goods. an allied argument repeatedly ..... [4] => ..... mumbai (hereinafter referred to as the commissioner ) submitted the following comments to the application:- the applicant being a trust is an artificial juridical person under section 2 (31) of the act. the applicant being a sub account is treated as a separate taxable entity from the fii. the tax liability of the applicant a non-resident has to ..... part of the income as is reasonably attributable to the business operations carried out in india. 14. in the light of the above discussion, we rule on question nos:- 1. that profits arising to general electric pension trust (hereinafter referred to as the applicant ) from the sale of portfolio investments in india will be treated as ..... reference to that certificate. in resolving the quandary which arises by virtue of proviso (b) to para 1 of article 4 of the treaty, this certificate is of no assistance. 12. from the above discussion, it follows that for purposes of the treaty, the applicant is not a resident of contracting state (usa) and therefore ..... [5] => ..... periodically and do not stay for more than 30 days and hence no permanent establishment exists. but at the same time draws our attention to explanation to sub-section 2 of section 9 of the income-tax act, 1961 which is inserted with retrospective effect by the finance act, 2010: explanation : for the removal of doubts, it is hereby ..... 6.3 now whether the consideration paid towards managerial and technical or consultancy services attracts the domestic law for imposing tax. the explanation 2 to clause (vii) of section 9(1) of the act is already mentioned supra. now, we are to examine the nature of services undertaken by rrd uk. in the instant case pursuant ..... 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 circumstances of the case, whether the amount ..... [6] => ..... supreme court ((1953) 23 itr p.101), two questions arose: (i) is mere purchase of raw material an operation within the meaning of section 42(3) of the act? (ii) can any profit arise out of mere purchase of raw material? the raw materials were purchased in british india. the manufacture and sales took place outside british india. the ..... subsequent receipt of income. 5. it is the contention of the revenue that the charge to tax is attracted under section 5(2) itself and there is no need to take resort to section 9 of the act which deals with deemed accrual of income. the counsel for revenue submits that the income accrues in india and in fact actually ..... laid down that the non-residents should have no office or agency in india for carrying out the operations of purchase and secondly the goods should not be subjected to any manufacturing process before being exported from india. this proviso was omitted by the finance act 1964 with a view to give wider relief to the non-resident exporters who ..... [7] => ..... instant case is as to whether the application made by pfizer limited for obtaining an advance ruling under sub-section (1) of section 96c of the finance act, 1994 ("act") deserves admission or rejection.2. the applicant, a joint venture indian company, has stated the question, on which advance ruling is sought, as below: which clause in section 65 ..... excise officer, the appellate tribunal or any court; (b) the same as in a matter already decided by the appellate tribunal or any court: provided further that no application shall be rejected under this sub-section unless an opportunity has been given to the applicant of being heard: provided also that where the application is rejected, reasons ..... as well as has already been decided by the customs, excise & service tax appellate tribunal (cestat), west regional bench at mumbai, vide its order no.a/332/wzb/2005-c-ii dated 20.05.2005. the said order of the cestat is under appeal before the bombay high court.9. a perusal of the papers in this ..... [8] => ..... the civic centre construction work awarded by the mcd is liable to service tax under section 65(105)(zzq) read with section 65(25b) of the chapter v of finance act, 1994 2. on the scrutiny of the application, the secretariat of the authority pointed out the following defects in the application: (i) the applicant is not a wholly owned ..... appears for the applicant and argues that the expression "wholly owned subsidiary indian company" is not defined either in the service tax act or in the indian companies act and that it is an impossibility because no company can be registered in india without at least one indian shareholder and therefore one or more shares ought to be allotted to ..... the meaning of the advance ruling. we have taken the same view in the case of m/s mcdonald's india pvt. ltd., mumbai - order no. aar/44/103/2003 dated 23.2.2004 and of pfizer limited order no. aar/02(st)/2006 dated 29.8.2006.6. for the aforementioned reasons we reject the application as not maintainable. [9] => ..... (chairman), somnath pal and brahm avtar agrawal, members finance act, 1994 - sections 64 to 96, 66, 83, 93, 96c(1) and 96c(2); central excise act, 1944 - section 11b(2), 11b(5), 11bb, 11c, 12 and 37a(12); customs act, 1962 - sections 110(1a) finance act, 1994 - section 96c(2)--advance ruling--notification no.8/2003 dated 20.6.2003 not relevant to issue ..... fact, we have stated in our order no. 1/2004 dated 16.09.2004 in the instant application that the question as to whether the aforesaid circular will fall within the meaning of the word "notification" in clause (d) of sub-section (2) of section 96c of the finance act shall be considered at the time of ..... /5/2003 dated 25.4.2003 and no statutory provision or notification issued under section 93 of the finance act, 1994--as the notification no. 8/2003 is not relevant to exigibility of secondary services to service tax--question not covered under section 96c(2)--thus, the stage of pronouncing an advance ruling not reached--application rejected. ..... ) Finance No 2 Act 2009 Chapter Iii Direct Taxes - Court Authority for Advance Rulings - Page 10 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: authority for advance rulings Page 10 of about 132 results (0.160 seconds)

Jan 21 2010 (TRI)

Star Television Entertainment Ltd. and Others Vs. Director of Income-t ...

Court : Authority for Advance Rulings

..... shall rank pari passu with the existing equity shares in the transferee-company. 2. the question which has been formulated in application nos.805, 807 and 809 for seeking advance ruling of this authority is whether the amalgamation, as defined under section 2 (1b) of the i.t. act, 1961, of stel, saml and sar with star india private limited, ..... are filed under section 245 q (1) of the income tax act, 1961 (hereafter referred to as the i.t. act ). three applications viz., appn. nos.805, 807 and 809 of 2009 have been filed by three non-resident foreign companies. they are: 1) star television entertainment limited (stel), 2) star asian movies limited (saml) and 3) star asia region ..... an indian company, will result in any liability under the i.t. act in the hands of the applicants and their share holders? 3. application nos.806, 808 and 810 are filed by three .....

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Mar 18 2010 (TRI)

Airport Authority of India, Rajiv Gandhi Bhavan Vs. Director of Income ...

Court : Authority for Advance Rulings

..... in india. the payments for other items fall within the scope of art.12 and therefore can be taxed in india, irrespective of the fact that raytheon has no pe in india. question no. 2 is answered in the affirmative. the applicant is liable to deduct tax at source on the payments made to raytheon co, other than those for hardware. the rate ..... within the scope and sweep of royalty and included services dealt with under art.12 of the india-us treaty section 9(1)(vi) and (vii) of the income tax act corresponds to art.12 of the treaty. the royalties and fees for included services may be taxed in the contracting state in which they arise and according to the laws ..... /2009) (mann ar/0002/2010 dt.29-1-2010)case, we have exhaustively considered various aspects of copyright in the context of royalty definition in the i.t.act and treaty. however, it must be pointed out that in dassault systems, the nature of software was different. it was standardized software of special purpose which had the intrinsic .....

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Feb 25 2010 (TRI)

M/S. Seagate Singapore International Headquarters Private Limited Vs. ...

Court : Authority for Advance Rulings

..... be attributable to the pe of the applicant in india in terms of article 7 of the india- singapore dta. questions (a) and (c): 3. section 5(2) of the it act lays down that a non-resident is liable to be taxed in india on income which accrues or arises in india or on income which is deemed to accrue ..... state an authority to conclude contracts on behalf of the enterprise, unless his activities are limited to the purchase of goods or merchandise for the enterprise; (b) he has no such authority, but habitually maintains in the first-mentioned state a stock of goods or merchandise from which he regularly delivers goods or merchandise on behalf of the enterprise; ..... on this enterprise (personnel) conduct the business of the enterprise in the state in which the fixed place is situated. 6.1. the applicant contends that it has no premises or facilities or installations owned, leased or kept at its disposal in india nor does it have any other kind of physical presence in india. it only has its .....

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May 09 2008 (TRI)

Foster’s Australia Limited Vs. Commissioner of Income-tax, Aurang ...

Court : Authority for Advance Rulings

..... grant of perpetual and irrevocable licence in relation to brewing i.p. is concerned, the same is not liable to be taxed under the income-tax act, 1961. 15. question no. (2): if the above mentioned receipt is held taxable in india, then whether the applicant is justified in contending the tax should be computed based on the ..... from pfizer case in all respects. 9.3. applicants counsel also places reliance on the constitution bench decision of the supreme court in the case of twentieth century finance corporation(supra). the following passages at paragraphs 25 and 28 (of stc) were relied upon in particular: where the party has entered into a formal contract and ..... residence of the owner. in the course of arguments and in the written submissions, it is contended, relying on the decision of supreme court in 20th century finance corporation*, that the place where the contract is executed and put into effect is the situs of an intangible in the nature of goods. an allied argument repeatedly .....

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Dec 14 2005 (TRI)

General Electric Pension Trust Vs. Director of Income-tax (internation ...

Court : Authority for Advance Rulings

..... mumbai (hereinafter referred to as the commissioner ) submitted the following comments to the application:- the applicant being a trust is an artificial juridical person under section 2 (31) of the act. the applicant being a sub account is treated as a separate taxable entity from the fii. the tax liability of the applicant a non-resident has to ..... part of the income as is reasonably attributable to the business operations carried out in india. 14. in the light of the above discussion, we rule on question nos:- 1. that profits arising to general electric pension trust (hereinafter referred to as the applicant ) from the sale of portfolio investments in india will be treated as ..... reference to that certificate. in resolving the quandary which arises by virtue of proviso (b) to para 1 of article 4 of the treaty, this certificate is of no assistance. 12. from the above discussion, it follows that for purposes of the treaty, the applicant is not a resident of contracting state (usa) and therefore .....

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May 16 2011 (TRI)

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

Court : Authority for Advance Rulings

..... periodically and do not stay for more than 30 days and hence no permanent establishment exists. but at the same time draws our attention to explanation to sub-section 2 of section 9 of the income-tax act, 1961 which is inserted with retrospective effect by the finance act, 2010: explanation : for the removal of doubts, it is hereby ..... 6.3 now whether the consideration paid towards managerial and technical or consultancy services attracts the domestic law for imposing tax. the explanation 2 to clause (vii) of section 9(1) of the act is already mentioned supra. now, we are to examine the nature of services undertaken by rrd uk. in the instant case pursuant ..... 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 circumstances of the case, whether the amount .....

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Nov 19 2008 (TRI)

Mr. Mustaq Ahmed Mustafa Gold Mart Vs. Director of Income-tax (interna ...

Court : Authority for Advance Rulings

..... supreme court ((1953) 23 itr p.101), two questions arose: (i) is mere purchase of raw material an operation within the meaning of section 42(3) of the act? (ii) can any profit arise out of mere purchase of raw material? the raw materials were purchased in british india. the manufacture and sales took place outside british india. the ..... subsequent receipt of income. 5. it is the contention of the revenue that the charge to tax is attracted under section 5(2) itself and there is no need to take resort to section 9 of the act which deals with deemed accrual of income. the counsel for revenue submits that the income accrues in india and in fact actually ..... laid down that the non-residents should have no office or agency in india for carrying out the operations of purchase and secondly the goods should not be subjected to any manufacturing process before being exported from india. this proviso was omitted by the finance act 1964 with a view to give wider relief to the non-resident exporters who .....

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Aug 10 2006 (TRI)

Pfizer Limited Vs. Commissioner of Service Tax

Court : Authority for Advance Rulings

Reported in : (2006)(111)ECC565

..... instant case is as to whether the application made by pfizer limited for obtaining an advance ruling under sub-section (1) of section 96c of the finance act, 1994 ("act") deserves admission or rejection.2. the applicant, a joint venture indian company, has stated the question, on which advance ruling is sought, as below: which clause in section 65 ..... excise officer, the appellate tribunal or any court; (b) the same as in a matter already decided by the appellate tribunal or any court: provided further that no application shall be rejected under this sub-section unless an opportunity has been given to the applicant of being heard: provided also that where the application is rejected, reasons ..... as well as has already been decided by the customs, excise & service tax appellate tribunal (cestat), west regional bench at mumbai, vide its order no.a/332/wzb/2005-c-ii dated 20.05.2005. the said order of the cestat is under appeal before the bombay high court.9. a perusal of the papers in this .....

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Nov 09 2006 (TRI)

ijm (India) Infrastructure Vs. Commissioner of Service Tax

Court : Authority for Advance Rulings

Reported in : (2007)5STR314

..... the civic centre construction work awarded by the mcd is liable to service tax under section 65(105)(zzq) read with section 65(25b) of the chapter v of finance act, 1994 2. on the scrutiny of the application, the secretariat of the authority pointed out the following defects in the application: (i) the applicant is not a wholly owned ..... appears for the applicant and argues that the expression "wholly owned subsidiary indian company" is not defined either in the service tax act or in the indian companies act and that it is an impossibility because no company can be registered in india without at least one indian shareholder and therefore one or more shares ought to be allotted to ..... the meaning of the advance ruling. we have taken the same view in the case of m/s mcdonald's india pvt. ltd., mumbai - order no. aar/44/103/2003 dated 23.2.2004 and of pfizer limited order no. aar/02(st)/2006 dated 29.8.2006.6. for the aforementioned reasons we reject the application as not maintainable.

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Nov 18 2004 (TRI)

Jason James Clemens Vs. Commissioner, Service Tax

Court : Authority for Advance Rulings

Reported in : (2005)(98)ECC395

..... (chairman), somnath pal and brahm avtar agrawal, members finance act, 1994 - sections 64 to 96, 66, 83, 93, 96c(1) and 96c(2); central excise act, 1944 - section 11b(2), 11b(5), 11bb, 11c, 12 and 37a(12); customs act, 1962 - sections 110(1a) finance act, 1994 - section 96c(2)--advance ruling--notification no.8/2003 dated 20.6.2003 not relevant to issue ..... fact, we have stated in our order no. 1/2004 dated 16.09.2004 in the instant application that the question as to whether the aforesaid circular will fall within the meaning of the word "notification" in clause (d) of sub-section (2) of section 96c of the finance act shall be considered at the time of ..... /5/2003 dated 25.4.2003 and no statutory provision or notification issued under section 93 of the finance act, 1994--as the notification no. 8/2003 is not relevant to exigibility of secondary services to service tax--question not covered under section 96c(2)--thus, the stage of pronouncing an advance ruling not reached--application rejected. .....

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