AIT-2008-36-AAR
Accel Frontline Limited Vs CC, Chennai

AIT-2008-38-AAR
M/s One Stop Airline Vs CC, (I&G), Delhi

Setting up engine MRO Shop for servicing the aircrafts of Indian airlines operating scheduled air transport service/air cargo service

AIT-2008-79-AAR
McLeod Russel India Ltd Vs CIT, Kolkata

AIT-2008-80-AAR
V. Ravi Narayanan Vs CIT, Chennai

AIT-2008-81-AAR
Airports Authority of India Vs DIT, Delhi

Service Tax on Real Estate Developer-Sale agreement of residential units is subject to service tax when construction is done after booking of units

Fair market value prevailing on 1st April, 1981 ought to be taken as the cost of acquisition in the case of bonus shares held by the applicant on 1-4-1981.the applicant can claim refund under Section 139  

Receipts under the contract with GAIL are not in the nature of royalties.The income from such receipts are liable to be taxed as business profits in India and only the profits attributable to PE in  India are liable to be taxed  

AIT-2008-152-AAR
KnoWerX Education(India) Private Limited Vs. DIT, Mumbai

Applicant is not required to either deduct any income-tax or to pay any such tax on the examination fees collected by it for APICS and AST&L and remitted to them as the same is not taxable in India 

Income arising from the transfer of its right, title and interest in and to the trade-marks and Foster's brand Intellectual Property is taxable in India under the Income-tax Act, 1961. Income attributable to the grant of perpetual and irrevocable licence in relation to Brewing I.P. is not liable to be taxed   

Referral fee received by Cushman & Wakefield, (S) Pte. Ltd. from Cushman & Wakefield India Pvt. Ltd., in terms of the referral agreement would not be taxable in India 

Amount payable under “BT Private Line Connect Service Schedule” – the agreement between the Dell US and BT America read with the Master Service Agreement is not in the nature of “fees for included services” under DTAA between India and US? 

Payment received by Raytheon Company in respect of software and provision of services of installation, testing and training shall be taxable under the Income-tax Act, 1961 read with DTAA.The said payment shall be charged as royalty and fee for technical services respectively at the rate of 10 per cent as per section 115A plus applicable surcharge and cess under the Income-tax Act, 1961.

Joint Venture is an association of persons (A.O.P.) in consonance with section 2(31)(v) read with Explanation to section 2 of Act and liable to be assessed as such under Income-tax Act- J .V. is to be taxed in the status of an association of persons @ 41% net basis

Fee paid by Sandoz Private Limited, Ranbaxy Research Laboratories to the applicant in respect of bioequivalence tests conducted by it is in the nature of 'business profits' under Article 7 of the DTAA and the same is not taxable in India

the construction services used for construction of workers' quarters within the factory premises, does not fall within the ambit of input services as defined in rule 2(1) of CENVAT Credit Rules, 2004 and consequently Applicant can not avail of the credit of such construction services in terms of rule 3 of the mentioned rules

Income generated by GID from the Golf tournament held in Delhi and Bangalore would be not liable to tax in India in terms of Article 7 of the India-UAE DTAA?
(i) sponsorship income and a nominal management fee from Indian as well as foreign sponsors and;
(ii) income from sale of merchandise at the venue and over the internet

The payment made to LMCC in the form of interest up to the date of conversion of bonds into equity shares is nothing other than interest paid on the money advanced to the applicant or the debt incurred by the applicant and it satisfies the definition of ‘interest’ under Section 2(28A) of the Act as well as Article 11.4 of the India-US DTAA and it is accordingly liable to be taxed as income of LMCC under the Act and under Art.11.2 of DTAA. 

Question 1. Whether on the stated facts and in law the service fee paid by the applicant to Intertek Testing Management Limited UK under Global Management Service Agreement is taxable as “Royalties & Fee for Technical Services” as per the provisions of Article 13 of Double Taxation Avoidance Agreement between India & United Kingdom?
Question 2. Without prejudice and in alternative, if the answer to question number (i) is in negative, whether on the stated facts and in law the applicant is required to deduct tax at source on the service fee paid to Intertek Testing Management Limited, UK, at the rate of 10% plus applicable surcharge and cess as per the provisions of section 115A(1)(b)(BB) of the Income-tax Act, 1961.

The tax payable on the long term capital gains arising on sale of equity shares of Foseco India Ltd., being listed securities, will be 10 per cent of the amount of capital gains as per the proviso to section 112(1) of the Income-tax Act, 1961.
While calculating the amount of long term capital gain chargeable to tax interest paid by the applicant to the shareholders of Foseco India Limited as per the directives of the Securities Exchange Board of India will also be treated as a part of the cost of acquisition of the shares

The income derived by the applicant out of the purchase and export activities undertaken by him attracts charge to tax under sub-section (2) of Sec.5 of the IT Act, 1961 as the income is received in India and has accrued in India.