Case nº AAR No. 1700 of 2015 of AAR Cases, Tuesday August 16, 2016 (case In Re: Tiong Woon Contracting Pte Ltd. Vs)
| Judge | For Appellant: K. Meenatchi Sundaram, Adv. and For Respondents: I.P.S. Bindra and S.S. Negi, Advs. |
| President | V.S. Sirpurkar, J. (Chairman), A.K. Tewary and R.S. Shukla, Members |
| Resolution Date | Tuesday August 16, 2016 |
| Issuing Organization | AAR Cases |
Judgment:
V.S. Sirpurkar, J. (Chairman)
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The applicant Tiong Woon Project & Contracting (Pte) Ltd. is a tax resident of Singapore. It has raised two questions which are as under:
(i) Whether looking to the nature of activities carried on by the applicant, which is a Singapore based company and a non-resident as per the provisions of s. 6(3) of the IT Act, 1961, the applicant can be held to have earned any income taxable in India from its activities renting out of its cranes for use in India, as per the provisions of IT Act, 1961?
(ii) If the answer is affirmative, how the total income of the Applicant should be computed as per the provisions of the IT Act, 1961?
The applicant contends that it is engaged in the business of (i) renting/leasing of heavy lifting cranes for use and (ii) providing erection and installation of heavy equipment like furnaces, boilers, coke drums, fractionators, chimneys, turbines, generators etc. in many countries in Asia.
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The applicant further submits that it had rented out a crane 'Demag CC 8800-1 (SSL)' having a...
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