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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: authority for advance rulings Page 1 of about 20 results (0.070 seconds)

Dec 21 2009 (TRI)

M/S Wavefield Inseis Asa Strandv 15, 1366 Lysaker Norway Vs. Director ...

Court : Authority for Advance Rulings

..... gather data to understand the size and location of oil fields. seismic survey involves acquisition/collection of the data related to formation of sub-surface. this data is collected on large storage tapes and then interpreted/processed by specialist professionals with the help of specialized equipments (computers and software) to present ..... re-supply and chase services for seismic operations as instructed by charter, always within vessels safe capacities and capabilities ? . this stipulation again does not run counter to a hiring contract. the purposes for which the hiring vessel can be utilized are only specified there. though the applicant has stated that the chase vessel ??constantly monitors the activities of all the ..... for 3d seismic data acquisition and onboard processing offshore india during the field season 2008-09, 2009-10 and 2010-11, in different survey areas of western and eastern indian offshore. 1.2 the applicant submits that seismic survey is a method of investigating subterranean structure. to reduce the risks involved in exploratory drilling, seismic surveys are conducted to ..... has provided a chase vessel on a time charter basis which enables the applicant to undertake the scope of work under its contract with ongc. 1.4 the applicant filed an application under section 195 of the income-tax act, 1961 requesting for a withholding tax order @ 4.223% on the basis that the services rendered by pf thor fall .....

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Jul 28 2008 (TRI)

Airports Authority of India, Rajiv Gandhi Bhavan Vs. Dit (internationa ...

Court : Authority for Advance Rulings

..... in this connection. in aar/755/2007 4. the applicant states that it entered into a contract dated 20.02.2007 with rc for procuring s-sdd on behalf of the indian air-force. the contract includes raytheon transferring and delivering to the applicant s-sdd which include software documentation, software, hardware, ..... ruling on the tax liability of a non-resident us company, namely, raytheon company (for short ??rc) with which it has entered into two separate contracts. under these contracts, rc will provide software documentation, software, hardware, installation, testing, training, etc., to the applicant. 2. application no. aar/755/2007 involves ..... ??article 10- reproduction and license 10.1 raytheon agrees to provide the necessary information to operate, maintain and repair the system delivered under the contract. in addition, raytheon shall use its best efforts to obtain similar information from its subcontractors and suppliers. 10.2 documents furnished by raytheon to ..... provision of services of technical personnel. this income is chargeable to tax @ 10 per cent as per section 115a(1)(b)(bb) of the act. it may be seen from the paragraph (4) of article 12 that the payment made in respect of rendering of any technical or consultancy services ..... for use at the delhi locations. in addition, the aai is authorized to provide to the indian air force the s-sdd track data stream in the icao standard asterix cat 062 format for internal use by the iaf. the aai will not have any rights in the software .....

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Sep 11 2008 (TRI)

Anapharm Inc. Vs. Director of Income-tax (international Taxation), Mum ...

Court : Authority for Advance Rulings

..... patents arising from the said research project. the company shall receive 1 copy of all reports in standard anpharm format, and will have the right to use the results freely. the company will remain owner of all proprietary products developed prior to this contract as well as tested samples and test compound(s). article 5 ?? storage of study samples three months after ..... clinical and bio analytical study is subject to tax in india in accordance with the provisions of the income tax act, 1961 ( ??the act) and double taxation avoidance agreement between india and canada ? 2) whether the fee received by the applicant from indian companies in respect of the agreements entered into with those companies is subject to tax in india in accordance with ..... would fall within the definition of term ??fees for technical services ? as per section 9 of the income-tax act, 1961 ( ??the act) and ??fees for included services as defined in the article 12 (4) of dtaa. hence the fees paid by the indian clients to the applicant would be taxable in india and would also be subject to withholding tax under section ..... 195 of the act. as we shall see later, the learned counsel of revenue, in the course of argument submitted that the fees .....

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Oct 26 2005 (TRI)

In Re: Abc Ltd.; in Re: Xyz Ltd.

Court : Authority for Advance Rulings

..... the letter and the order. the entire order of the adit has proceeded on the assumption of the existence of "conditions of service" contract between b ltd. (an indian company) and the applicant, whereas in actual fact there exists no "conditions of service" between the applicant and b ltd. this conditions ..... at all.each associate company of group compiles the information in respect of companies functioning in its country in the standardized group format.once the information is in the standard format, it takes the form of a bir, which is electronically uploaded by it on its server and on the central database ..... entity. it is not under the control and instructions of the applicant in carrying on its business. further, in regard to purchase of birs it acts on its own, settles its own price depending upon the market conditions (which is not controlled by the applicant) and pays the purchase price to ..... by the cit is that applicant is trying to obtain an appellate order from the authority against order under sections 195(2) and. 201 of the act passed by the adit on 31st jan. 2005. the apprehension is actually misconceived and unfounded since the order mentioned above relates to the case of b ..... 2005) 193 ctr (aar) 9 : (2005) 272 itr 99 (aar) 1. the applicants in these two applications under section 245q(1) of the it act, 1961 (for short the act) are two non-resident companies i.e., abc ltd., and xyz ltd., both uk companies. inasmuch as the facts and questions in these applications are identical, .....

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Jun 30 2009 (TRI)

Factset Research Systems Inc. Vs. Director of Income-tax (internationa ...

Court : Authority for Advance Rulings

..... the form of copyright but not using the copyrighted product. the customers do not acquire any exclusive rights enumerated in section 14(a) of the indian copy right act. 5.1 utmost reliance is placed on the ruling of this authority in the case of dun and bradstreet espana, s.a. (272 itr ..... tried to distinguish this ruling on the ground that birs were in a standard form. this attempted distinction is not correct. though a standardized digital format was evolved for convenience, the contents and value additions made are quite similar to that of applicants data base. the bir even gives the ratings ..... and they were to be used for internal purposes only in order to make informed business decisions. the data was compiled in a standard digital format. the information collected and made available to the customer was available in public domain. it was held that there was no use or right to ..... conclusion because, given that the principal value of such a database would be the ability to search and extract the documents, these countries view the contract as a contract for services. others consider that, in this transaction, the customer pays in order to ultimately obtain the data that he will search for. ..... does is to collect and collate the said information/data which is available in public domain and put them all in one place in a proper format so that the customer (licensee) can have easy and quick access to this publicly available information. the applicant has to bestow its effort, experience .....

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Aug 14 1996 (TRI)

In Re: Advance Ruling P. No. 10 of

Court : Authority for Advance Rulings

Reported in : (1997)224ITR473AAR

..... administration of the trust fund." 28. article xiii dealing with delegation of duties envisages an investment committee (paragraph 13.01), an advisory board (paragraph 13.02) and advisory contracts with the indian financial service company and the american company (paragraph 13,03) but makes it clear (paragraph 13.04) that, regardless of all delegation, the manager shall remain responsible for ..... "resident of india" and "resident of mauritius' shall be construed accordingly. (2) where by reason of the provisions of paragraph 1, an individual is a resident of both contracting states, then his residential status for the purposes of this convention shall be determined in accordance with the following rules : (a) he shall be deemed to be a resident of ..... osman ali bahadur [1966] 59 itr 666 (sc) 1. very interesting and far-reaching questions arise for consideration in these applications under section 245q(1) of the income-tax act, 1961 ("the act"). the two applicants are companies incorporated in mauritius. they are, for convenience, referred to hereafter as "the investor company" (ic) and "the investment manager" (im), respectively. ..... parties took into account certain difficulties if the same transactions had been put through the format of a company and also took into account certain financial and tax implications. but these cannot render the purposes of the trust unlawful within the meaning of the indian statute. the clause which enabled the trustees to admit any one as a beneficiary, .....

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Jul 16 1997 (TRI)

Dljmb Mauritius Investment Vs. Commissioner of Income-tax

Court : Authority for Advance Rulings

Reported in : (1997)228ITR268AAR

..... . 9 of 1995, [1996] 220 itr 377 (aar).10. obviously, anticipating this objection, the applicant has put forward the following justification for the formation of the applicant company and the channelling of the investments through it. the applicant's reasoning in this regard may be. extracted : "5. each investment ..... is no real overlapping and that, though the last few words stipulate that the contract must be approved by the government in regard to the question of interest payable to the non-resident thereunder, a reference may have been made ..... the dtaa" as argued for the department. it is difficult to conceive of the paragraph as stipulating that, in regard to every contract, an application that the contract be approved for the purposes of the dtaa is to be filed and an approval obtained. the applicant argues, however, that there ..... is not the location of a place of effective management generally but the location of the place of effective management as between the two contracting states entering into the double taxation avoidance agreement. looked at from this point of view, the applicants do not have any place of ..... all approved interest even if it exceeds the limit of exemption provided in respect of such payments under the indian statute. the discussion becomes relevant because section 10(15) of the act grants an exemption in respect of the entirety of such interest if the transaction, including the question of interest .....

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Dec 22 1995 (TRI)

In Re: Advance Ruling No. P-9 of

Court : Authority for Advance Rulings

Reported in : (1996)220ITR377AAR

..... in the said bank will not be taxable in india." 7. the gains referred to here, it has to be taken, relate to those assessable as "capital gains" under the indian act.8. to invoke the benefit of articles 10 and 15, the applicants should be residents of mauritius within the meaning, of the double taxation avoidance agreement. the topic of "residence ..... companies or by the british bank of any beneficial interest in the shares in any person other than the nominal owners of the shares, namely, the two applicant companies. the indian companies act, 1956, however, does not forbid shareholdings through nominees. on the other hand, section 49(5)--referred to earlier--envisages it in certain situations and section 187c only requires ..... ' means the sale, exchange, transfer or relinquishment of the property or the extinguishment of any rights therein or the compulsory acquisition thereof under any law in force in the respective contracting states." 6. the question on which each of the applicants seeks an advance ruling has been enunciated thus in the application : "the applicant seeks confirmation that the dividends it ..... -tax. even assuming that the british bank had created two subsidiaries and these two subsidiaries were made to hold shares in the applicant companies, that transaction, namely, the formation of subsidiary companies, is, he says, irrelevant for the purposes of section 245r. this argument is not acceptable. the authority's conclusion that the transaction to which the question .....

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Oct 20 2004 (TRI)

In Re: Dun and Bradstreet Espana

Court : Authority for Advance Rulings

Reported in : (2005)193CTRAAR9

..... words are derived from the latin verb, ago, agree ; the noun agens, agentis. the agent denotes one who acts a doer, force or power that accomplishes things." 16. and, section 182 of the indian contract act defines "agent' as a person employed to do any act for another or to represent another in dealing with third parties.17. a close reading of the above extracts ..... . however, para. 4 contains a deemed inclusion clause. it also commences with a non obstante clause and says that notwithstanding the provisions of paras. 1 and 2, a person acting in a contracting state on behalf of an enterprise shall be deemed to have a permanent establishment in the first mentioned state, if any one of clauses-(a) or (b) thereof- applies ..... corporation india, ab [1997] 224 itr 203. in that case the applicant was a company incorporated in sweden. it provided, inter alia, services within radio and telecommunication. it entered into contracts with three indian companies for the introduction of the cellular system of telecommunication in india and opened branch offices in india at new delhi, bombay and madras. the ..... other associates companies worldwide as their core business. each associate company of d&b compiles the information in respect of companies functioning in its country in the standardized d&b format which is electronically uploaded on the server of the associate companies and is copied (mirrored) on the central data base server situated in us. dbis is also engaged in a .....

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May 09 2008 (TRI)

Foster'S Australia Limited Vs. Commissioner Concerned

Court : Authority for Advance Rulings

..... to be within india.it is highlighted that in the present case, both the asset and the place of contract is outside india and, therefore, beyond the reach of indian income-tax act. the counsel for the applicant also contends that trade-mark is a right which comes into existence not because ..... of transfer of shares, which is not an issue before us. secondly, sufficient material is not available with us on the aspects relating to formation of company which transferred the shares and its subsidiary. having regard to the fact that the legal and beneficial ownership of the trade-marks and ..... beer' which means foster's lager and such other beer made in accordance with the manual. the applicant has been paying taxes under the indian income tax act for the royalty amounts received under the said agreement from foster's india. the applicant submits that the bl agreement was terminated in accordance ..... (supra). the following passages at paragraphs 25 and 28 (of stc) were relied upon in particular: where the party has entered into a formal contract and the goods are available for delivery, irrespective of the place where they are located, the situs of such would be where the property in ..... limited by shares.1.4. it is evident from the facts narrated by the applicant supported by the documents filed that the applicant entered into a contract for the transfer of shares and other intangible assets in the nature of intellectual property to sab miller, uk under an agreement styled as "india sale .....

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