TOSHIBA PLANT SYSTEMS AND SERVICES CORPORATION Vs. COMMISSIONER CONCERNED DIRECTOR OF INCOME TAX

JUDGEMENT

(1.) THE applicant, Toshiba Plant Systems and Services Corporation, Japan, is a foreign company registered under the laws of Japan and is also its tax resident. This is a subsidiary company of M/s Toshiba Corporation, Japan which holds 61.61% of shares. It is an engineering, procurement and construction company. This company has been active in the development of power projects in the international scene for the last six

(2.) TY six years and has executed projects in other industry sectors of Iron & steel, paper, environment & public facilities, transportation, airport, communication, cogeneration, building and office automations.

(3.) THE Revenue on the other hand submits that it has already given its response vide their letter dated 12.8.2010. Further the learned Departmental representative states that vide their letter dated 15.2.2010 some documents were called for and these are not furnished and in the absence of the documents it is unable to submit its response properly. To this, the learned Counsel for the applicant submitted that, all the documents except serial 2,3 and 4 of their letter dated 13.2.2010 are submitted to the Revenue and the other 3 documents could not be submitted as it is not Privy to the contract between CGPL and M/s Toshiba Corporation. The learned Counsel further submits that the Revenue in its comments dated 12.8.2010 in para 5.3 (b) have indicated the furnishing of documents. This repels the submissions of the Revenue on this count.