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1 - 10 of 20 (0.27 seconds)Section 234B in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Section 234C in The Income Tax Act, 1961 [Entire Act]
Article 7 in Constitution of India [Constitution]
Section 148 in The Income Tax Act, 1961 [Entire Act]
Aeg Aktiengesllschaft vs Commissioner Of Income-Tax on 17 March, 2004
Insofar as the decision of the Hon‟ble Karnataka High
Court in case of AEG Aktiengesllshaft Vs. CIT (supra), in view of
the ratio laid down by the Hon‟ble High Court in case of Linde
Engineering Division Vs. DIT (supra), there is no need for much
deliberation on the said decision.
Section 234A in The Income Tax Act, 1961 [Entire Act]
Sms Concast Ag, New Delhi vs Ddit, New Delhi on 16 June, 2023
13. We have heard the rival submissions and perused the material
available on record. The ld AR fairly submitted that this issue is to be
decided against the assessee in view of the decision of the coordinate
bench of this Tribunal in case of sister concern of assessee named SMS
Concast A.G. vs DDIT in ITA 1361/Del/2012 for AY 2008-09 dated
16.06.2023. The relevant operative portion of the order is reproduced
below:-
Commissioner Of Income-Tax vs Klayman Porcelains Ltd. on 9 July, 1997
He submitted that the sum mentioned in
the reasons are Rs.31,11,699/- and he also brought to our notice
page 19 of the paper book which is the annexure of the reasons to
believe. The amount mentioned in page 19 and reasons to
believe recorded are wrong and factually incorrect. He
submitted that basis of reasons are factually incorrect.
Accordingly, he brought to our notice page 25 of the paper book
which is the decision of ITAT, Vishakhapatnam for AY 1992-93
wherein ITAT considered the facts on record and held by
referring to the case of CIT v. Klayman Porcelains Ltd. (1988)
229 ITR 735 (AP) wherein Hon‟ble Andhra Pradesh High Court
held that the design and documentation fees cannot be
considered as royalty but is only to be considered as part of plant
supplied from abroad. Further he brought to our notice pages 30
to 38 of the paper book wherein ITAT, Vishakhapatnam gave
relief to the assessee on the similar ground.