| COURT: | ITAT Panaji |
| CORAM: | D. T. Garasia (JM), P. K. Bansal (AM) |
| SECTION(S): | 195, 40(a)(i), 5(2)(b), 9(1)(v)(b) |
| GENRE: | International Tax |
| CATCH WORDS: | usance charges |
| COUNSEL: | Elson Sequeira |
| DATE: | January 7, 2015 (Date of pronouncement) |
| DATE: | January 12, 2015 (Date of publication) |
| AY: | 2008-09, 2009-10, 2010-11 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 40(a)(i): Usance charges paid by the Assessee on import of raw material from foreign countries attracts tax in India u/s 5(2)(b) r.w.s. 9(1)(v)(b) | |
From reading the decisions of the Hon’ble Supreme Court in CIT vs. Vijay Ship Breaking Corporation as reported in 314 ITR 309 (SC) and the Hon’ble Gujarat High Court (reported in 261 ITR 113) it is apparent that the Hon’ble Supreme Court has not reversed the decision in the case of CIT vs. Vijay Ship Breaking Corporation, 261 ITR 113 (supra) on the finding that the usance charges are not interest u/s 2(28A) except where an undertaking is engaged in the business of ship breaking in view of explanation (2) to Sec. 10(15)(iv)(c) inserted by the Taxation Laws (Amendment) Act, 2003 with retrospective effect
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