Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: cpt :: VAT RATES :: VAT Audit :: empanelment :: ARTICLES ON INPUT TAX CREDIT IN VAT :: TAX RATES - GOODS TAXABLE @ 4% :: due date for vat payment :: articles on VAT and GST in India :: Central Excise rule to resale the machines to a new company :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: form 3cd :: ACCOUNTING STANDARD :: ACCOUNTING STANDARDS :: TDS :: list of goods taxed at 4%
 
 
From the Courts »
  Micro Spacematrix Solution P Ltd vs. ITO (ITAT Delhi)
 Micro Spacematrix Solution P Ltd vs. ITO (ITAT Delhi)
 CIT vs. Greenfield Hotels & Estates Pvt. Ltd (Bombay High Court)
 IndiaBulls Financial Services Ltd vs. DCIT (Delhi High Court)
 Maharao Bhim Singh of Kota vs. CIT (Supreme Court)
 Ravneet Takhar Vs. Commissioner Of Income Tax Ix And Ors.
 Jaiprakash Associates Ltd. Vs. Commissioner Of Income Tax
 Formula One World Championship Limited Vs. Commissioner Of Income Tax, International Taxation-3 And Anr.
 Commissioner Of Income Tax International Taxation-3 Delhi Vs. Formula One World Championship Ltd. And Anr.
 Reliance Communications Ltd vs. DDIT (ITAT Mumbai)
  Sushila Devi vs. CIT (Delhi High Court)

Deputy Director of Income-tax, Circle-3(1), International Taxation, New Delhi Vs M/s JC Bamford Excavators Ltd., C/o Pricewaterhouse, 11-A, Sucheta Bhawan, Vishnu Digamber Marg, New Delhi-110002
May, 23rd 2014
        IN THE INCOME TAX APPELLATE TRIBUNAL
              DELHI BENCH `D', NEW DELHI
      Before Sh. R. S. Syal, AM And Sh. I. C. Sudhir, JM
                   ITA No. 111/Del/2012 : Asstt. Year : 2008-09
Deputy Director of Income-tax,          Vs M/s JC Bamford Excavators Ltd.,
Circle-3(1), International Taxation,       C/o Pricewaterhouse, 11-A, Sucheta
New Delhi                                  Bhawan, Vishnu Digamber Marg,
                                           New Delhi-110002
(APPELLANT)                                (RESPONDENT)

                   CO No. 303/Del/2012 : Asstt. Year : 2008-09
M/s JC Bamford Excavators Ltd.,         Vs Deputy Director of Income-tax,
C/o Pricewaterhouse, 11-A, Sucheta         Circle-3(1), International Taxation,
Bhawan, Vishnu Digamber Marg,              New Delhi
New Delhi-110002
(APPELLANT)                                 (RESPONDENT)
PAN No. AABCJ6004D

        Assessee by : Shri G. C. Srivastava, Adv. & Saurabh Srivastava
        Revenue by : Shri Sanjeev Sharma, CIT DR
Date of Hearing : 20.5.2014             Date of Pronouncement : 21.5.2014

                                       ORDER
Per R. S. Syal, AM:
      This appeal by the Revenue and Cross Objection by the assessee
arise out of the order passed by the CIT(A) on 30.09.2011 in relation to
the assessment year 2008-09.
                                    2      ITA No. 111/Del/2012 & CO No. 303/Del/2012
                                                            JC Bamford Excavators Ltd.

2.   First ground of the Revenue's appeal is against the holding by the
ld. CIT(A) that the assessee company did not have a service permanent
establishment in India.




3.   Having heard both the sides on this issue and perused the relevant
material on record, it is palpable that this ground does not arise out of
the assessment order. The Assessing Officer has no where held that there
is any permanent establishment. The ld. DR candidly accepted the
position by admitting that this ground does not arise out of the order
passed by the authorities below. In view of the above discussion, it is
clear that this ground is not maintainable and is hereby dismissed.


4.   Second ground of the Revenue's appeal is against not holding by
the ld. CIT(A) that royalty income of Rs. 92,13,440/- earned by the
assessee during the financial year 2006-07 is taxable in the assessment
year 2008-09.

5.   After considering the rival submissions and perusing the relevant
material on record, it is observed that the same issue was there in the
appeal for the assessment year 2007-08. The Tribunal, vide its order for
the said assessment year 2007-08, has held that the amount of Rs.
92,13,440/- should be included in the total income of that year. Since,
the same amount has been held to be includible in the total income of the
assessee for the assessment year 2007-08, there can be no question of
                                      3     ITA No. 111/Del/2012 & CO No. 303/Del/2012
                                                             JC Bamford Excavators Ltd.

including the very same amount in total income for the year under
consideration as well. This ground is not allowed.

6.      The only issue raised by the assessee in its Cross Objection is
against the direction of the ld. CIT(A) in holding that the interest u/s
234B is consequential in nature. The ld. AR fairly accepted that in view
of the inclusion of the amount of Rs. 92.13 lakh in the total income for
the assessment year 2007-08, there survives nothing on which interest
u/s 234B could be charged. In view of this position stated by the ld. AR,
we dismiss this ground as having become academic in nature.




7.      In the result, the appeal of the Revenue and the Cross Objection of
the assessee are dismissed.


  Order pronounced in the open Court on 21/5/2014.




              Sd/-                                             Sd/-
   (I. C. Sudhir)                                  (R. S. Syal)
JUDICIAL MEMBER                               ACCOUNTANT MEMBER
Dated: 21/5 /2014
*Subodh*
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5.DR: ITAT
                                                     ASSISTANT REGISTRAR

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Application Management Solutions Application Management System Application Management Software System Application Management Development Application Management Software Development

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions