Facts of the Case
The Revenue filed multiple writ petitions challenging the
common order dated 9 May 2016 passed by the Authority for Advance Rulings
(AAR). The AAR had ruled in favour of LS Cable & Systems Ltd Korea by
holding that income from overseas/offshore supplies under the concerned
contract was not taxable in India.
The respondent company had entered into a contract relating to
manufacture and supply of 220, 132 kV XLPE insulated UG cables and accessories
for the Hyderabad project. The dispute specifically related to the offshore
supply portion of the contract.
The Revenue argued that unlike earlier cases involving
separate contracts for offshore supply, onshore supply, and onshore services,
the present contract was composite in nature and therefore distinguishable.
Issues Involved
- Whether
receipts arising from offshore supply of equipment and materials under a
composite contract are taxable in India?
- Whether
such receipts constitute income deemed to accrue or arise in India under
Section 9 of the Income-tax Act, 1961?
- Whether
the AAR correctly relied upon earlier judicial precedents on identical
issues?
Petitioner’s Arguments (Revenue)
- The
Revenue contended that the present contract was materially different from
earlier cases.
- It
argued that earlier cases involved three separate contracts—offshore
supply, onshore supply, and onshore services.
- In
contrast, the present arrangement was a composite contract involving both
offshore and onshore elements.
- Therefore,
according to Revenue, the offshore supply income should be taxable in
India.
Respondent’s Arguments (Assessee)
- The
assessee maintained that the issue before the AAR was strictly confined to
offshore supplies.
- It
argued that title to goods passed outside India and the offshore supply
receipts did not accrue or arise in India.
- Reliance
was placed on earlier AAR rulings and Delhi High Court judgments involving
similar facts.
Court Findings / Order
The Delhi High Court held that:
- The
issue raised in the present matter was identical to earlier matters
decided by the AAR.
- The
fact that the contract was composite in nature did not alter the character
of the offshore supply component.
- Since
the assessee sought ruling only regarding offshore supplies, the
taxability question remained confined to that issue.
- Earlier
judicial precedents already settled that offshore supply receipts under
such circumstances were not taxable in India.
Accordingly, the Court found no error in the AAR’s order.
Result: The writ petitions filed by the
Revenue were dismissed.
Sections Involved
- Section
9, Income-tax Act, 1961 – Income deemed to accrue
or arise in India
- Authority
for Advance Rulings (AAR) Provisions
- India-Korea
Double Taxation Avoidance Agreement (DTAA)
- Taxability
of offshore supply contracts in international taxation matters
Important Clarification by Court
The Court clarified that merely because a contract contains
both offshore and onshore elements, the offshore supply component does not
automatically become taxable in India. Taxability must be independently
examined based on the nature of offshore supply and the place where title and
risk transfer.
Link to download the order -
https://delhihighcourt.nic.in/app/case_number_pdf/2017:DHC:8243-DB/SMD26072017CW62962017_130215.pdf
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