Uttarakhand HC upholds
invocation of CIT’s revisionary jurisdiction u/s. 263 in case of assessee (a
Singaporean co. engaged in rendering offshore geophysical services), dismisses
assessee’s writ; Assessee had claimed that since the duration of its contract
with Cairn India (for providing seismic vessel in connection with oil
exploration) was only for 102 days, the gross revenue of Rs. 100.33 cr. earned
therefrom during FY 2014-15 was not taxable in India in view of Article 5(5) of
India-Singapore DTAA (which provides 183 days threshold); Finds force in CIT’s
view that the seismic vessel itself constituted fixed place PE under Article
5(1) of DTAA, also AO was wrong in accepting assessee’s resort to Article 5(5)
and that no effort was made by AO to study relevant provision of DTAA; Further,
HC states that instead of assessee giving explanation to CIT, it has filed
the present writ petition before this Court, accordingly upholds the show
cause notice issued u/s. 263; Noting the necessary conditions of Sec. 263 that
the CIT must come to the conclusion that the order is both erroneous and
prejudicial to the interest of Revenue, HC opines that there is definitely
application of mind by CIT on both these aspects:HC
Subscribe to:
Post Comments (Atom)
Bombay High Court Clarifies Tax Exemption Eligibility for Venture Capital Funds
In a significant ruling, the Bombay High Court has reaffirmed that a Venture Capital Fund (VCF) registered with SEBI is entitled to claim ...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Facts Centrica India Offshore Private Limited (CIO), an Indian Company, is a wholly owned subsidiary of Centrica Plc, UK Centrica Plc a...
-
The Tax Audit season has started and it’s the time when the Assessees rush to their Chartered Accountants (CA) to get their Tax Audit d...
-
SREI Infrastructure Finance Ltd vs. ITSC (Delhi High Court) The assessee entered into a scheme of arrangement u/s 391-394 of the Compani...
-
Facts The taxpayer, a partnership firm, derived income from the business of handling and transport of ship containers, customs clearing a...
-
M/s. Alpha Projects Society P. Ltd vs. DCIT (ITAT Ahmedabad) In AY 2005-06, the assessee made payments to contractors & for professi...
-
01. TDS u/s 194J is required to be done for Royalty also w.e.f 13-7-2006. 02. Royalty had been defined under explanation 2 of se...
-
F.No.354/66/2011-TRU Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs...
-
M/s. Merilyn Shipping & Transports vs. ACIT (ITAT Visakhapatnam Special Bench) The assessee incurred brokerage expenses of Rs.38....
No comments:
Post a Comment