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2012 Supreme(Del) 211

SANJIV KHANNA, R.V.EASWAR
ALPINE ELECTRONICS ASIA PTE LTD. – Appellant
Versus
DIRECTOR GENERAL OF INCOME TAX – Respondent


Advocates Appeared:
Mr. Yogesh K. Jagia, Ms. Sandhya Kohli & Mr. Akshay Singh, Advocates.
Mr. Abhishek Maratha, Sr. Standing Counsel & Ms. Anshul Sharma, Advocate.

JUDGMENT

SANJIV KHANNA, J.:

1. The petitioner Alpine Electronics Asia Private Limited is a company incorporated in Singapore and was allowed to open a liaison office in India vide permission granted by the Reserve Bank of India dated 15th July, 1997. The petitioner thereafter obtained registration with the office of the Registrar of Companies vide registration order dated 21st November, 1997. The permission granted by the Reserve Bank of India on 15th July, 1997 was extended from time to time upto 14th July, 2009.

2. On 23rd October, 2008, the petitioner had filed an application with the Reserve Bank of India for closing their liaison office. The Reserve Bank of India vide letter dated 12th February, 2009 asked the petitioner to obtain ITCC or “no objection certificate” from the Income Tax Department in terms of their Master Circular No. 2/2008-09 dated 1st July, 2008.

3. On 27th February, 2009, the petitioner filed an application with the Deputy Director of International Tax for issue of no objection certificate/ITCC. The said application was transferred and assigned to Assistant Director of Income Tax, Circle 1(1), Directorate of International Taxation, the respondent No.
































































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