2010 (6) TMI 795

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....raised by the assessee are directed against a single issue namely whether the fee for design and engineering documentation received by the assessee company is taxable in India. 3. The facts relating to the issue are stated in brief. The assessee is a non-resident company and it is represented by M/s Rashtriya Ispat Nigam Ltd., (RINL) Visakhapatnam. The assessee company has provided design and engineering services, manufacture, delivery, technical assistance through supervision of erection and commissioning etc., to establish compressor house-I for M/s. RINL. The payments were made by M/s RINL separately for each of the services/equipments provided/supplied by the assessee. It, inter alia, included payment made towards supply of design an....

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....d either to the post office or to a carrier designated by the Purchaser in Japan as the case may be. Though the Ld DR contended that there is no proof to show that the supply has taken place in Japan, yet we notice from the record that there was no dispute on this point. According to the clauses cited above, the preparation and delivery of design and drawings have to take place in Japan. Since the contract was entered into between the parties prior to the commencement of construction of the "Compressor House-I", in the absence of any other contrary evidence, it has to be accepted that the preparation and delivery of the said documents have taken place in Japan. 4.1 The Hon'ble Supreme Court, in the case of Ishikawajima Harima Heavy In....