Supreme Court · 2010 INSC 369 · Decided 7 July 2010
M/S. Kanchanganga Sea Foods LTD. v. Commissioner of Income Tax
- Court
- Supreme Court of India
- Citation
- 2010 INSC 369 · [2010] 7 S.C.R. 866
- Case number
- CIVIL APPEAL No. 3844/2003
- Decided
- 7 July 2010
- Bench
- D.K. JAIN, C.K. PRASAD (2-judge bench)
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 5(2), 195, 201
Headnote
Income Tax Act, 1961: ss.5(2), 195, 201 - Receipt by Non resident Company - Chargeability to tax - On facts, C assessee obtained permit to carry fishing operations - A Non resident Company agreed to provide fishing trawlers to the assessee - Charter fee payable to Non Resident Company by way of of fish - Chartered vessels with entire catch brought to Indian port - Payment of D charter fee to the Non resident company in India after valuation and payment of local tax - Held: Receipt of charter fee by Non resident company was chargeable to tax - Assessee erred in not deducting the tax. E
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