M H YOON Vs. STATE

JUDGEMENT

(1.) 1. This is an application under Section 245Q(1) of the IT Act, 1961 (for short "the Act"). The applicant, Mr. M.H. Yoon, a Korean national, is an employee of International Metro Civil Contractors, (IMCC) which is having its office at Mumbai. The IMCC is a joint venture of Dkyckerhoff & Widmann AG of Germany, two Indian Companies-Larsen & Toubro Limited and IRCON International-Samsung Corporation of South Korea and Shimizu Corporation of Japan. The joint venture has been established to execute a contract for the design and construction of metro corridor for Delhi Metro Rail Corpn. Ltd.

(2.) The applicant seeks advance ruling on the following question:

(3.) IN his comments to this application, the Director of IT (INternational Taxation), the jurisdictional CIT, has conceded that having regard to the bio-data of the applicant and offer of his appointment, he is eligible for the exemption under the said provision.