TVM LTD. Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is an application under Section 245Q(1) of the Income -tax Act, 1961 ("the Act"). The applicant is TVM Limited, a company incorporated in Mauritius on May 23, 1995. It is stated that the effective place of management of the company is in Mauritius and that, therefore, the applicant is a non -resident under Section 6 of the Act.

(2.) THE applicant (TVM) has five share holders whose names and extent of shareholding are set out below : <FRM>JUDGEMENT_1_LAWS(AR)3_1997.htm</FRM> *What appear above are not the actual individual shareholders but of five groups to which the shareholders are said to belong.

(3.) IT is stated that Hindustan Times Limited had experience in making presentations of programmes produced by it on the Indian National Television Network - -the Doordarshan. Westpoint Media Holdings Limited is stated to be primarily a financing company, being a subsidiary of Schroedar Capital Investments Ltd. TVB (Mauritius) Ltd. is stated to be a subsidiary of U. K. T. V. B. Broadcast Ltd., running two T. V. Channels in Hong Kong and one of the largest purchasers of software. CTV Mauritius Limited is said to belong to the Carlton Group having a large number of joint ventures in Singapore. Pearson Mauritius Limited is stated to be a subsidiary of Pearson Pic. of U. K. which owns TV channels in the United Kingdom and Latin American countries.