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Payments made by Indian agents to foreign shipping company as reimbursement of share of cost for maintaining a global net communication system was not fees for technical services - Director of income tax vs. AP Moller Maersk.

SUPREME COURT OF INDIA

 

SPECIAL LEAVE TO APPEAL (C) NO. 27091 OF 2015

 

Director of Income-tax (IT)-I..........................................................................Appellant.
v.
A.P. Moller Maersk ........................................................................................Respondent

 

A.K. SIKRI AND ROHINTON FALI NARIMAN, JJ.

 
Date :SEPTEMBER  24, 2015 
 
Appearances

Guru Krishna Kumar, Sr. Adv., D.L. Chidananda, Ms. Sadhana Sandhu and Mrs. Anil Katiyar, Advs. for the Petitioner.


Section 9 read with section 172 of the Income Tax Act, 1961 — Income — Income deemed to accrue or arise in India — Payments made by Indian agents to foreign shipping company as reimbursement of share of cost for maintaining a global net  communication system was not fees for technical services — Director of income tax vs. AP Moller Maersk.


ORDER


1. Leave granted.

2. To be heard along with C.A. No. 3911/2015.

 

[2015] 235 TAXMAN 513 (SC)

 
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