2016 (5) TMI 293

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....uarantee dated 7th December 1998 furnished by it in connection with a live concert of renowned performer Mr. Ricky Martin in New Delhi on 6th December 1998. 2. It appears that the ITD proceeded on the basis that there could be a possible evasion of tax on the earnings of the Petitioner in India as a result of the agreements signed by Mr. Ricky Martin with Sony Corporation of America ("SCA"). The ITD proceeded on the footing that there should have been a corresponding agreement between the Assessee which is the Indian subsidiary of SCA and Mr Martin. 3. The allegation in the writ petition is that the Petitioner was coerced by the ITD into furnishing a guarantee on 7th December 1998 agreeing inter alia to meeting any tax demand that may....

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....of tickets. Apart from confirming that they had remitted the full component of entertainment tax, DNPL confirmed that 85% of the net profit after meeting the expenses would be donated to a nationally recognized charity "which is Coalition for Rural Empowerment and the balance 15% to be retained" by DNPL as profit. 6. The Petitioner has also placed on record a letter issued by Mr. Ricky Martin dated 1st February 1999 to Deputy Commissioner of Income Tax, Non-Resident Circle, New Delhi, India which reads as under: "I refer to the statement on oath recorded by you on December 7, 1998 at the Hotel Radisson in New Delhi, India. I was coerced and forced to sign this statement on oath and was overwhelmed by the duress exercised by you ....