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Documents citing Commissioner Of Income-Tax, Andhra ... vs Visakhapatnam Port Trust on 17 June, 1983

Asstt. Cit vs Adani Export Ltd. on 31 May, 2007

Subsequently on 20-3-2003, Gujarat High Court in the case of CIT v. Vijay Ship Breaking Corporation and Ors. took the view, contrary to the view taken by the Andhra Pradesh High Court in the case of Visakhapatnarn Port Trust (supra) that the TDS provisions are applicable to the usance interest. Due to the decision of the Gujarat High Court, the demand for TDS not deducted under Section 195(1) read with Section 201(1) amounting to Rs. 52,80,400 and also the interest under Section 2C1(1A) read with Section 201(1) was raised by the assessing officer vide order dated 12-7-2004.
Income Tax Appellate Tribunal - Ahmedabad Cites 75 - Cited by 0 - Full Document

The Asst. Commissioner Of Income-Tax, ... vs Adani Export Limited And Adani Wilmar ... on 28 December, 2006

24. Further, in the case of Vijay Ship Breaking Corporation (supra), the Gujarat High Court itself states that the decision of Andhra Pradesh in the case of Vishakhapatnam Port Trust (supra) was rendered in context of liability to pay tax on the basis of Double Taxation Agreement (DTAA). The case of the German company was that it had no permanent establishment in India, and therefore, since Section 9(1)(i) of the Act was subject to the DTAA, it was not taxable in India, but taxable in the other contracting State. It was further observed that the assessment in that case related to the period prior to the introduction of Section 9(1)(v) in the Act with effect from 1st June, 1976, under which by a deeming fiction interest, such as usance interest payable by a resident, would be deemed to accrue and arise in India. The Gujarat High Court, therefore, held that the decision of the Andhra Pradesh High Court did not assist the assessee as it was rendered in a different context.
Income Tax Appellate Tribunal - Ahmedabad Cites 60 - Cited by 9 - Full Document

Nokia Net Works Nokia Gruop Finland,, vs Dcit, New Delhi., on 5 June, 2018

What is material is that there was ample scope for the assessee to control and monitor the activities of NTPL which, it should be remembered, is a 100 per cent subsidiary of the assessee, in such a manner that NTPL became a virtual projection of the assessee-company in India. The other point made by the IT authorities was that the assessee even represented to the Indian cellular operators that it will not dilute its share holding in the Indian subsidiary below 51 per cent without the written permission of the Indian cellular operators. This allegation of the IT authorities has not been refuted or proved wrong by the assessee in the course of the proceedings before them or even before us. This also shows that the distinction between the two corporate entities, namely, the assessee on one hand and NTPL, its 100 per cent subsidiary, on the other hand, virtually got blurred with the result that it can be said that when the Indian cellular operators were dealing with NTPL in connection with the installation contract and marketing agreement, they were in fact dealing with the assessee itself. We are therefore, of the opinion that the test propounded by the Andhra Pradesh High Court in the case of CIT vs. Visakhapatnam Port Trust (supra) is fully answered. We are, therefore, unable to find fault with the CIT(A) for holding that NTPL, the 100 per cent Indian subsidiary of the assessee, constituted the assessees PE in India.
Income Tax Appellate Tribunal - Delhi Cites 49 - Cited by 1 - Full Document

Progress Rail Locomotive ... vs Deputy Commissioner Of Income-Tax ... on 28 May, 2024

85. We are of the opinion that the test laid down by the Andhra Pradesh High Court in Visakhapatnam Port Trust case [CIT v. Visakhapatnam Port Trust, 1983 SCC OnLine AP 287 : (1983) 144 ITR 146] fully stands satisfied. Not only the Buddh International Circuit is a fixed place where the commercial/economic activity of conducting F-1 Championship was carried out, one could clearly discern that it was a virtual projection of the foreign enterprise, namely, Formula-1 (i.e. FOWC) on the soil of this country. It is already noted above that as per Philip Baker [ A Manual on the OECD Model Tax Convention on Income and on Capital] , a PE must have three characteristics: stability, productivity and dependence. All characteristics are present in this case. Fixed place of business in the form of physical location i.e. Buddh International Circuit, was at the disposal of FOWC through which it conducted business. Aesthetics of law and taxation jurisprudence leave no doubt in our mind that taxable event has taken place in India and non-resident FOWC is liable to pay tax in India on the income it has earned on this soil.‖ W.P.(C) 12405/2019 & Connected Matters
Delhi High Court Cites 34 - Cited by 0 - Y Varma - Full Document

Progress Rail Locomotive Inc. ... vs Deputy Commissioner Of Income-Tax ... on 28 May, 2024

85. We are of the opinion that the test laid down by the Andhra Pradesh High Court in Visakhapatnam Port Trust case [CIT v. Visakhapatnam Port Trust, 1983 SCC OnLine AP 287 : (1983) 144 ITR 146] fully stands satisfied. Not only the Buddh International Circuit is a fixed place where the commercial/economic activity of conducting F-1 Championship was carried out, one could clearly discern that it was a virtual projection of the foreign enterprise, namely, Formula-1 (i.e. FOWC) on the soil of this country. It is already noted above that as per Philip Baker [ A Manual on the OECD Model Tax Convention on Income and on Capital] , a PE must have three characteristics: stability, productivity and dependence. All characteristics are present in this case. Fixed place of business in the form of physical location i.e. Buddh International Circuit, was at the disposal of FOWC through which it conducted business. Aesthetics of law and taxation jurisprudence leave no doubt in our mind that taxable event has taken place in India and non-resident FOWC is liable to pay tax in India on the income it has earned on this soil.‖ W.P.(C) 12405/2019 & Connected Matters
Delhi High Court Cites 34 - Cited by 0 - Y Varma - Full Document

Progress Rail Locomotive Inc. ... vs Deputy Commissioner Of Income-Tax ... on 28 May, 2024

85. We are of the opinion that the test laid down by the Andhra Pradesh High Court in Visakhapatnam Port Trust case [CIT v. Visakhapatnam Port Trust, 1983 SCC OnLine AP 287 : (1983) 144 ITR 146] fully stands satisfied. Not only the Buddh International Circuit is a fixed place where the commercial/economic activity of conducting F-1 Championship was carried out, one could clearly discern that it was a virtual projection of the foreign enterprise, namely, Formula-1 (i.e. FOWC) on the soil of this country. It is already noted above that as per Philip Baker [ A Manual on the OECD Model Tax Convention on Income and on Capital] , a PE must have three characteristics: stability, productivity and dependence. All characteristics are present in this case. Fixed place of business in the form of physical location i.e. Buddh International Circuit, was at the disposal of FOWC through which it conducted business. Aesthetics of law and taxation jurisprudence leave no doubt in our mind that taxable event has taken place in India and non-resident FOWC is liable to pay tax in India on the income it has earned on this soil.‖ W.P.(C) 12405/2019 & Connected Matters
Delhi High Court Cites 34 - Cited by 0 - Y Varma - Full Document

Commissioner Of Income Tax vs Vijay Ship Breaking Corpn. And Ors. on 20 March, 2003

4.1 During the course of scrutiny proceedings, the AO (Asstt. CIT, Central Circle 1, Rajkot) observed that, as per the terms of the MOA, the assessee was making interest payment to the non-resident parties on account of credit facility availed by it for the purchase of the ships. Therefore, he raised queries by letter dt. 2nd Jan., 1998, inquiring as to whether tax was deducted at source on such interest payments and if it was not so deducted, then calling upon them to show as to why the provision of Section 40(a)(i) of the IT Act, 1961 ("the Act" for short), should not be invoked in the assessee's case and why the entire interest paid outside India should not be disallowed in the course of assessment. After considering the submissions made by the assessee and the material on record, the AO negatived the contention of the assessee that both the principal amount of the purchase price of the ship and the interest amount paid on the usance credit constituted the purchase price of the ship. It was held that the purchase price of the ship was separately mentioned in the MOA and that the usance interest amount which was also separately mentioned was not part of the purchase price. The officer held that any other view would be illogical because if the contention of the assessee is to be accepted, then it would lead to a situation where as soon as the delivery of the vessel was made, the seller would get the price of the vessel plus the usance interest of 180 days though the usance period would be counted only after the date of delivery. It was held that the purchase price of the vessel and the usance interest were two distinct items of payment. It was also held that the reliance by the assessee on the decision of the Andhra Pradesh High Court in CIT v. Vishakhapatanam Port Trust (1983) 144 ITR 156 (AP) was misconceived, because, that decision was given in respect of the asst. yrs. 1970-71 to 1974-75 when the term "interest" had not been defined in the Act.
Gujarat High Court Cites 133 - Cited by 0 - A L Dave - Full Document
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