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In Re: Application No. P. 17 of 1998

Court : Authority for Advance Rulings

Reported in : (1999)236ITR637AAR

..... and circumstances of the case, described in annexure-2, interest of rs. 30,24,576 under section 244/243 of the income-tax act, 1961 ('act'), paid by the revenue authorities along with tax refunds due to abc during assessment year 1998-99, would constitute 'income from, debt-claims of every kind', and, therefore, qualify as 'interest' as defined in clause 5 of article 12 of the ..... trading activities. abc during the financial year relevant to the assessment year 1970-71, received in india income from royalty, technical services fee, dividends and interest on debentures.4. abc filed its corporate tax return for the assessment year 1970-71 under section 139 of the income-tax act, 1961. its assessment proceedings for this assessment year were in litigation for a long period. the same .....

In Re: Hoechst Gmbh

Court : Authority for Advance Rulings

..... company (subsidiary), which in the instant case has lost its identity and ceased to exist.1. in this case an application under section 245q(1) of the income-tax act, 1961 (for short the "act"), has been filed on june 6, 2006, in form no. 34c (meant for non-resident applicants) seeking advance ruling from the authority. the applicant, ..... require a ruling since the answer to question no. 1 is in the negative.question no. 1 no capital gains chargeable under section 45 of the income-tax act arose to aventis pharma holding gmbh on its amalgamation with hoechst gmbh in respect of the shares of aventis pharma limited, india held by aventis pharma holding ..... hoechst gmbh pursuant to the scheme of amalgamation is exempt from capital gains tax under section 47(via) of the income-tax act? (2) if the exemption under section 47 (via) is not available, whether any capital gains chargeable under section 45 of the income-tax act arose to aventis pharma holding gmbh on its amalgamation with hoechst gmbh in .....

D.B.Zwirn Mauritius Trading Vs. Director of Income-tax(international T ...

Court : Authority for Advance Rulings

..... the legal consequences contemplated by sub-section(2) of section 90. in other words, the circular shall prevail even if inconsistent with the provisions of the income-tax act, 1961, in so far as assessees covered by the provisions of the dtac are concerned. on the scope and validity of the circular in azadi bachao andolan case ..... on the gross dividend paid out at the rate of 5% or 15% depending upon the extent of shareholding of the mauritius resident. under the income-tax act, 1961, tax was deductible at source at the rates specified under section 115a, etc. doubts have been raised regarding the taxation of dividends in the hands of ..... . whether the transaction of sale of shares of an indian company as per share purchase agreement dated november 10, 2009 attracts capital gain tax liability in terms of provisions of income tax act 1961 and double taxation avoidance agreement between india and mauritius? 4. whether, in respect of the transaction of sale of shares explained in statement .....

Hms Real Estate Pvt. Ltd., Vs. Commissioner of Income-tax-i Delhi

Court : Authority for Advance Rulings

..... in the preparation of detailed manufacturing drawings. the question arose whether the payment made to the foreign company which supplied the designs was royalty and to be taxed under the income-tax act, 1961. the learned judges held that it was a case of sale and no royalty was generated. the following passage is relevant: having regard to the facts ..... 12(4) of the india-us dtaa. even if they are treated as business profits accruing or arising in india, the same cannot be subjected to tax under the income-tax act, 1961 in the absence of permanent establishment(pe), having regard to the treaty provision in art.7(1). as the number of days of presence of hok ..... profits. since, the recipient does not have any permanent establishment in india, the receipts cannot be taxed as business profits. the receipts also are not taxable as royalty as defined in section 9(1)(vi) of the income-tax act, 1961 and also under article 13 of indo-us dtaa as the said transaction involves outright sale of designs .....

In Re: No. P/6 of 1995

Court : Authority for Advance Rulings

Reported in : (1998)234ITR371AAR

..... the facts and in the circumstances of the case, the consideration receivable under the agreements entered into between the applicant and "x" is chargeable to tax under the income-tax act, 1961. 2. the considerations receivable under the aforesaid agreements are taxable as fees for technical services under article 13 of the agreement for avoidance of double ..... flaring reduction project, etc., in december, 1993, may, 1994, and june, 1994. the applicant filed three applications under section 245q(1) of the income-tax act, 1961 ("the i.t. act"), on march 9, 1995, in respect of the above three agreements.2. it was stated by the applicant in its application that the company is ..... of december, 1993, entered into between the applicant and 'x' (an indian oil company) is chargeable to tax under the income-tax act, 1961 (2) if any part of the income is so taxable, what rate of tax would be attracted to the payment made ?" third application in respect of consulting services for bid evaluation and draft .....

M/S Microsoft Operations Pte..Ltd. Vs. Dit (int.Tax), New Delhi

Court : Authority for Advance Rulings

..... to be withheld by the applicant? 4. in regard to the first question, it is the contention of the applicant that section 9(1)(vi) of the income-tax act 1961 is not attracted for the reason that the payment in the nature of sub-license fees made to molc is not in respect of a right used by the ..... and arising in india and taxable in india under the provisions of section 9(1)(vi) of the income-tax act, 1961 and/or the provisions of dtaa between india and usa from which tax is required to be withheld by the applicant? 2. whether under the arrangement (details outlined in annexure iii,) the payments made by independent indian distributors to microsoft ..... by honble chairman this is an application for advance ruling filed under section 245q of the income-tax act, 1961 ( for short the act) coming up for orders on the point of admission under section 245r(2) of the act. the following facts are stated by the applicant: 2. the applicant is a company incorporated in singapore and it is a wholly owned .....

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

Court : Authority for Advance Rulings

..... of the mauritius resident. under the income-tax act, 1961, tax was deductible at source at the rates specified under section 115a, etc. doubts have been raised regarding the taxation of dividends in the hands of investors from ..... must have the legal consequences contemplated by sub-section(2) of section 90. in other words, the circular shall prevail even if inconsistent with the provisions of the income-tax act, 1961, in so far as assessees covered by the provisions of the dtac are concerned. 4. now, let us see the relevant provision in the dtaa i.e. ..... the dtac. 2. prior to 1st june, 1997, dividends distributed by domestic companies were taxable in the hands of the shareholder and tax was deductible at source under the income-tax act, 1961. under the dtac, tax was deductible at source on the gross dividend paid out at the rate of 5% or 15% depending upon the extent of shareholding .....

Yongnam Engineering and Construction (Pte) Ltd. Vs. Director of Income ...

Court : Authority for Advance Rulings

..... the consideration received for offshore supplies covered by the said sub-contract agreement, the applicant has sought advance ruling under section 245q (1) of the income-tax act, 1961 on the following question: on the facts and circumstances of the case, whether the amount received/receivable by the applicant from larsen and toubro limited for ..... the case by contacting the authorized representative or by making alternative arrangements. we are therefore not satisfied with this belated explanation. 5. section 245r of the income-tax act,1961 reads thus: 245r procedure on receipt of application. (1) on receipt of an application, the authority shall cause a copy thereof to be forwarded to ..... is not powerless to look into the additional material now furnished and give a decision on merits in terms of section 245r(4) of the income-tax act, 1961. 7. undoubtedly, this authority has discretion either to admit this repetitive application and hear the same on merits or to reject it at this stage .....

In Re: Hindustan Powerplus Ltd.

Court : Authority for Advance Rulings

Reported in : (2004)267ITR685AAR

..... after the amendment no advance ruling can be sought on such a question.1.in this case, the applicant filed an application under section 245q(1) of the income-tax act, 1961, seeking an advance ruling on the following question : "whether, on the facts and circumstances of the case, the remuneration received by e. h. kohutek outside india ..... should not be rejected in view of the amended provisions in sub-clause (ii) of clause (a) of section 245n of the income-tax act.3. the applicant seeks an advance ruling, inter alia, on the taxability on the amount received by mr. e. h. kohutek from caterpillar asia private limited, singapore ..... is liable to tax under the indian income-tax act, and if so under what provisions and under what head of income ?" 2. on march 12, 2004, this authority passed an order asking the applicant to explain as to why the application .....

Burmah Castrol Plc. Burnside Road, Farburn Industrial Estate Vs. Direc ...

Court : Authority for Advance Rulings

..... 10 per cent of the amount of capital gains as per the proviso to section 112(1) of the income-tax act, 1961? ii. whether, on the stated facts and in law, while calculating the amount of long term capital gain chargeable to tax interest paid by the applicant to the shareholders of foseco india limited as per the directives of the securities ..... 9/2008 under section 245-r(2). ist question : 3. the applicant admits that it is chargeable to tax in india in respect of capital gains arising from the sale of shares of fil as per the provisions of the income-tax act 1961 as well as the dtaa between india and uk. the fact that the shares held by the applicant have ..... acquired the character of long term capital asset and that they answer the description of listed securities is not in dispute. the question is about the rate of tax applicable. the rates of tax on long-term .....