COMMISSIONER INCOME TAX vs. HUGHES SERVICE AGENT OF MR ATWOOD CALVIN

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ITA/15/2001HC UttarakhandUKHC01004858200407 December 2005Author: HON'BLE MR. JUSTICE P. C. VERMA2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the first question regarding the taxability of salary for the off-period outside India was answered in favor of the assessee, following the Hon'ble Apex Court's decision in "Sedco Forex International Drill Inc. and others Vs. Commissioner of Income Tax, Dehradun and Another". For the second and third questions, the Court relied on a Division Bench decision of the same High Court in "Commissioner of Income Tax and another Vs. Sedco Forex International Drilling Co. Ltd. and connected cases". This precedent held that free boarding facilities provided by the employer on the rig were not a perquisite under Section 17(2)(iii) and their value could not be added to the assessee's income. Furthermore, the imposition of interest under Section 234-B was deemed unjustified without proper hearing and reasons. Consequently, all questions were answered against the appellants and in favor of the assessee.

What were the facts?

The Commissioner of Income Tax and Assistant Commissioner of Income Tax (Appellants) filed an appeal against an order dated April 6, 2000, passed by the Income Tax Appellate Tribunal (Delhi Bench 'B'). The appeal pertains to Assessment Year 1991-92. The dispute involves the taxability of salary paid to an assessee for an off-period outside India, the taxability of free lodging and boarding benefits, and the chargeability of interest under Section 234-B. The assessee is M/s Hughes Services (FE) PT Ltd., acting as an agent for Mr. Atwood Colvin.

What were the issues?

The Tribunal had to decide three substantial questions of law: 1. Whether salary paid to the assessee for an off-period outside India was chargeable to Indian Income Tax under Section 9(1)(ii) of the Income Tax Act, 1961. 2. Whether any benefit or perquisite, or its value, on account of free lodging and free boarding provided by the employer to its employees, within the meaning of Section 17(2) of the Income Tax Act, could be taxed under Section 2(24)(iva) of the Income Tax Act. 3. Whether the Tribunal was legally justified in allowing the appeal in favor of the assessee against the chargeability of interest under Section 234-B of the Income Tax Act, considering that this interest is chargeable on assessed tax as defined by Explanation I below Section 234-B. The Appellants (Revenue) contended that the salary for the off-period, free lodging and boarding, and interest under Section 234-B were taxable. The Respondent (Assessee) argued against the taxability of these items.

Which sections of the Income-tax Act were involved?

Section 9(1)(ii),Section 17(2),Section 2(24)(iva),Section 234-B

AI-generated summary — verify with the full judgment below

COURT NO.2

IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL

Income Tax Appeal No.15 of 2001

1.

The Commissioner of Income Tax, Meerut

2.

Assistant Commissioner of Income Tax, Special Circle, Dehradun

…Appellants

Versus

M/s Hughes Services (FE) PT Ltd. As agent of Mr. Atwood Colvin, Dehradun

…. Respondent

Dated: December 07, 2005

Mr. S.K. Posti, Advocate for the appellants. Ms. V.K. Bisht, Advocte for the respondent.

Coram: Hon. P.C. Verma, J.

Hon. J.C.S. Rawat, J.

This appeal is against the order dated 06.04.2000, passed by the Income Tax Appellate Tribunal, (Delhi Bench ‘B’ New Delhi) in ITA No.1678(Del) of 1994. The dispute relates to the Assessment year 1991-92

2.

The substantial questions of law raised in the appeal are as follows: (i)

Whether on the facts and in the circumstances of the case, the learned Income Tax Appellate Tribunal was legally correct to hold that the salary paid to the assessee for the said off-period outside India was not chargeable to Indian Income Tax Act in terms of Section 9(1)(ii) of the Income Tax Act, 1961?”

(ii)

Whether on the facts and in the circumstances of the case, the learned Income Tax Appellate Tribunal was legally correction in holding that any benefit or perquisite or their value on account of free lodging and free boarding provided by the employer to its employees within the meaning of Section 17(2) of I.T. Act cannot be taxed under Section 2(24) (iva) of the income Tax Act?”

(iii) Whether on the facts and in the circumstances of the case, the learned Income Tax Appellate Tribunal was legally justified allowing appeal in favour of the assessee against chargeability of interest under Section 234-B of the I.T. Act, whereas this interest is chargeable on assessed tax as defined by Explanation I below Section 234-B?”

3.

The first question has been decided by the Hon’ble Apex Court in Civil Appeal Nos.351-355 of 2005 “Sedco Forex Income Tax, Dehradun and Another, JT 2005(9) SC 639”. In view of the aforesaid decision of the Hon’ble Apex Court, this been held that the imposition of interest under Section 234-B was not justified without hearing and without reasons.

5.

In view of the above, we dismiss the appeal. All the questions in this appeal are answered against the appellants and in favour of the assessee.

(J.C.S. Rawat, J.)

(P.C. Verma, J.) Rajeev Dang

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