CIT (2021) 436 ITR 582/ 204 DTR 337/ 321 CTR 753/ 282 Taxman 281 (SC)
Meters. Aqua Technology Ltd
Editorial: Choice of your Delhi High Judge inside CIT v. Meters. M. Aqua Technology Ltd (2015) 376 ITR 498 (Delhi)(HC) and you can CIT v. Meters. Yards. Aqua Development Ltd (2016) 386 ITR 441 (Delhi) (HC), corrected.
S. 44: Insurance coverage business – Assessee, an authorized administrator / agent (TPA) out-of insurance providers and you can insurance provider are very different organizations below IRDA statutes – Assessee being an effective TPA didn’t fall in this purview out-of business regarding insurer
Kept from the Large Courtroom, that Assessee are a 3rd party manager / broker (TPA) out of insurance providers are influenced from the arrangements of your Insurance coverage Regulating and Creativity Authority off Asia (‘IRDA’). IRDA laws and regulations clearly differentiates TPA therefore the insurance company and therefore they are both more organizations not as much as IRDA legislation. Zero.593 away from 2013, dt. 21-10-2020) (AY. 2009-10)
S. 45 : Financial support progress – Deal of sales off shares not guilty so you can tax – Objective from taxation protection not associated as long as operate within new frame work regarding rules – Transaction perhaps not having purpose to serious tax – DTAA-India-Mauritius [S. 245R(2), Artwork 13(4)]
Practical question acknowledge from the AAR is actually, “Whether towards things said facts and legislation, the main city development towards the proposed income regarding shares out-of Betcon Dicknson Asia Individual Limited by the newest applicant in order to Betcon Dickinson Holdings Pte. Ltd might possibly be chargeable so you can tax in the India on the give of candidate, which have regard to new arrangements away from blog post thirteen of one’s India-Mauritius taxation Pact?
The program try admitted towards the 7-1-2015, This new AAR kept you to that have mention of the the new terms off post thirteen of Asia -Mauritius taxation Pact. (AAR No. 1396 out of 2012 dt eleven-9-2019)
