https://www.taxtmi.com/caselaws?id=238481 HC held that a ship qualifies as "plant", as the term includes all tools, apparatus and equipment used for business, movable or fixed. Under the time charter, periodic payments to the vessel owner were characterized as hire charges and hence revenue expenditure, but for taxability they constituted "royalty" under s. 9(1)(vi), Explanation 2(iv a), being consideration for the use of equipment. The foreign enterprise had a permanent establishment in India through the moving ship as a fixed place of business. Consequently, TDS obligations under s. 195 applied, and proceedings under ss. 201 and 201A were valid, operating independently of the representative assessee provisions in ss. 160 and 163. en-us Wed, 09 Oct 2013 00:00:00 +0530 Mon, 01 Dec 2025 10:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=238481 HC held that a ship qualifies as "plant", as the term includes all tools, apparatus and equipment used for business, movable or fixed. Under the time charter, periodic payments to the vessel owner were characterized as hire charges and hence revenue expenditure, but for taxability they constituted "royalty" under s. 9(1)(vi), Explanation 2(iv a), being consideration for the use of equipment. The foreign enterprise had a permanent establishment in India through the moving ship as a fixed place of business. Consequently, TDS obligations under s. 195 applied, and proceedings under ss. 201 and 201A were valid, operating independently of the representative assessee provisions in ss. 160 and 163. Case-Laws Income Tax Wed, 09 Oct 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=238481