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TMI Blog2013 (11) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... m MS General Insurance Company Limited and M/s. United India Insurance Company Limited. 2. In the case of M/s. Royal Sundaram Alliance Insurance Company Limited, the assessee as well as the Revenue have filed nine appeals each, totaling to eighteen appeals. The relevant assessment years are 2002-03 to 2008-09. 3. In the case of M/s. Cholamandalam MS Insurance Company Limited, the assessee has filed five appeals; so also the Revenue has filed five appeals, totalling to ten appeals. The assessment years involved are 2003-04 to 2007-08. 4. In the case of M/s. United India Insurance Company Limited, the assessee has filed nine appeals alongwith one cross objection, totalling in all to ten. The Revenue has filed nineteen appeals; altogether 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... short, all the three assessees have raised common grounds relating to reinsurance premium and also other multiple grounds for different assessment years. 13. One of the important Supreme Court decisions relied on by the counsels appearing for the assessees is the decision rendered in the case of GE India Technology Cen. (P.) Ltd. v. CIT, wherein the Hon'ble apex court has considered the question whether merely on account of such remittance to the non-resident abroad by an Indian company per se, could it be said that income chargeable to tax under the Income-tax Act, 1961 arises in India. This decision is highly relied on by the assessees to substantiate their arguments on the question of reinsurance premium paid to non-resident reinsurance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on record the Double Tax Avoidance Agreements entered into between India and Switzerland and India and Japan. 16. In addition to that, they have relied on a number of judgments also to show that the reinsurance premium paid to non-resident reinsurance companies are not taxable in their hands and, therefore, the question of deducting tax at source does not arise. 17. But, we find that many of the fine details now placed by the assessees before us, were not available before the lower authorities. It is also to be seen that the recent judicial pronouncements are also very much relevant in considering the issues involved in these appeals. 18. In the facts and circumstances of the case, we find that it is appropriate to remit back all thes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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