COMMISSIONER INCOME TAX vs. M/S HUGHES SERVICES AGENT MR. MACKAY A,
What did the High Court hold?
The High Court held that both questions of law had already been decided by the same court in the case of Commissioner of Income Tax and another Vs. Sedco Forex, reported in Volume 264 ITR page 320. In that precedent, both questions were answered in favour of the assessee and against the Department. Consequently, the High Court answered both questions in the affirmative, meaning in favour of the assessee and against the Revenue. The appeal was disposed of in accordance with this precedent, with no order as to costs. The specific reasoning from the Sedco Forex case was not detailed in this judgment, but it formed the basis for the decision.
What were the facts?
The appeal was filed by the Commissioner of Income Tax, Meerut, and the Deputy Commissioner of Income Tax, Special Circle, Dehradun (collectively referred to as the Revenue) against the judgment and order dated January 24, 2000, passed by the Income Tax Appellate Tribunal (ITAT), Delhi. The ITAT's order pertained to ITA No. 416/D/1993 for the assessment year 1989-90. The respondent in the appeal was M/s Hughes Services (FE) PTE Ltd., acting as the agent of Mr. Mackay A. The High Court was required to answer two questions of law arising from the ITAT's decision.
What were the issues?
The High Court was asked to decide two questions of law: 1. Whether, on the facts and circumstances of the case, the ITAT was legally justified in holding that free boarding and lodging facilities provided by the employer on board a rig in high seas cannot be construed as a perquisite under the Income Tax Act? 2. Whether, on the facts and circumstances of the case, the ITAT was legally justified in holding that interest under Section 234B of the Income Tax Act cannot be charged since the entire income of the assessee was subject to TDS, whereas this interest is chargeable on assessed tax as defined by the explanation below Section 234B? The Revenue contended that the ITAT's findings on these issues were legally incorrect. The judgment does not explicitly record the arguments made by the assessee or the specific provisions of law they relied upon, other than the implicit reliance on the ITAT's order. The Revenue's arguments are implied by the questions posed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL.
Income Tax Appeal No. 104 of 2001 (Old No. 349 of 2000)
The Commissioner of Income, Meerut.
Deputy Commissioner of Inco,me Tax, Special Circle, Dehradun. …Appellants
Versus
M/s Hughes Services (FE) PTE Ltd. as Agent of Mr. Mackay A., Dehradun
….Respondent.
Hon’ble M.M. Ghildiyal, J. Hon’ble B.S. Verma, J.:
Heard Sri S. K. Posti, learned counsel for the appellant and Sri Arvind Vashisth, learned counsel for the respondent.
The present appeal is filed against the judgment and order dated 24.01.2000 passed by Income Tax Appellate Tribunal, Delhi in ITA No. 416/ D /1993 pertaining to the assessment year 1989 – 90. In this appeal we required to answer two questions of law they are as follows:
Whether on the facts and circumstances of the case ITAT was legally justified in holding that free boarding and lodging facilities provided by the employer on board the rig in high seas cannot be construed to be perquisite?
Whether on the facts and circumstances of the case the learned Tribunal was legally justified in holding that interest under section 234 B of the IT Act cannot be charged since the entire income of the assessee was subject to TDS whereas this interest is chargeable on assessed tax as defined by explanation below section 234 B? SKSharma
More judgments on Section 234B
- Vikas Ashokkumar Masand, Ahmedabad vs The Dy. Commissioner of Income Tax…ITA 3130/AHD/2026[A.Y. 2017-18]Status: Disposed19 Oct 2026
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Sarvjeet Singh Through Legal Heir Manjit… vs ITO Ward 1(1), AlwarITA 355/JPR/2025[2013-14]Status: Disposed16 Oct 2026AY 2013-14
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Cornerstone Ondemand International Limited… vs Assistant Commissioner of Income Tax…ITA 2128/MUM/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
Recent GST High Court judgments
Search GST case law →- Susmita Das vs. The Principal Commissioner CGST And Central Excise , Bhubaneswar Commissionerate,KhurdaOrissa · 31 Oct 2026
- Saroj Kumar Mahanandia vs. Superintendent CGST And Central Excise, RayagadaOrissa · 31 Oct 2026
- M/S. Susanta Mohanty, Gandarpur, Cuttack vs. The Principal Commissioner Of Central Goods And Services Tax, BhubaneswarOrissa · 31 Oct 2026
- Arun Kumar Mallik vs. The Commissioner, CGST, Cx And Customs,BbsrOrissa · 31 Oct 2026
- Sabita Khosla vs. Superintendent, CGST And Central Excise, Rayagada-Ii Range, RayagadaOrissa · 31 Oct 2026