Director of Income Tax Interna v. M/S B.C.C.Fuba India Ltd.
Case brief
What is this about?
The Delhi High Court dismissed the Revenue's appeal in a TDS case involving payments to a German company but declined to answer the substantial question of law due to the absence of the underlying agreement, treating the appeal as disposed.
What did the court decide?
Appeal treated as disposed of. Substantial question of law not answered. No costs.
What the court decided
$~R-63
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- ITA 814/2005
DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION) NEW DELHI ..... Appellant Through Mr. Asheesh Jain, Sr. Standing Counsel, Mr. Shahrukh Ejaz & Ms. Lakshmi Gurang, Advocates.
versus
M/S B.C.C. FUBA INDIA LIMITED ..... Respondent Through Nemo.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R % 01.02.2018
The present appeal by the Revenue, which relates to Assessment Year 1992-93, arises from the order of the Income Tax Appellate Tribunal in ITA No.4229/Del/98 in the case of BCC Fuba India Limited was admitted for hearing vide order dated 5th December, 2007 on the following substantial question of law:-
“Whether the Income Tax Appellate Tribunal was correct in law in holding that two installment of lump sum payment made by the Assessee to the German Company could not be treated as Royalty?”
Issues for consideration
1 issue framed by the court
Whether the Income Tax Appellate Tribunal was correct in law in holding that two installment of lump sum payment made by the Assessee to the German Company could not be treated as Royalty?
Parties & counsel
- appellant
DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION)
- respondent
M/S B.C.C. FUBA INDIA LIMITED
Coram
SANJIV KHANNA
Case details
As recorded by the court registry
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