M/S B J SERVICES CO. AS AGENT OF MR. MIKE BROWNLOW vs. INCOME TAX APPELLATE TRIBUNAL and ORS.

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ITA/93/2005HC UttarakhandUKHC01001748200505 September 20052 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal, following its own previous judgment in Commissioner of Income Tax and another Vs. SEDCO Forex International Drilling Co. Ltd. and connected cases reported in (2003) 264 ITR 320. In that precedent, a Division Bench of the same Court had held that payment of salary for an "off period" constituted income earned in India for services rendered in India under Section 9(1)(ii) of the Income Tax Act, 1961, and was therefore taxable. The High Court applied this ratio decidendi to the present case, holding that the amount paid for the "off period" was indeed income earned in India and taxable under Section 9(1)(ii). The operative direction was the dismissal of the appeal.

What were the facts?

The assessee, M/s B. J. Services Co. Middle East, acting as agent for Mr. Mike Brownlow, filed an appeal against an order dated 27.10.2004 passed by the Income Tax Appellate Tribunal, Delhi Bench ‘C’. The appeal pertains to the Assessment Year 1999-2000. The core of the dispute revolves around the taxability of an amount paid for an "off period". The assessee contended that no services were rendered in India during this off period, and a subsequent amendment to the explanation of Section 9(1)(ii) of the Income Tax Act, 1961, effective from 01.04.2000, indicated that such payments were only considered income accrued in India from that date onwards. The revenue's position is not explicitly detailed in terms of arguments but is implied by the Tribunal's decision.

What were the issues?

1. Whether, on the facts and in the circumstances of the case, the Tribunal is legally justified in treating the amount paid for the "off period" as income earned in India, in view of the explanation to Section 9(1)(ii) of the Income Tax Act, 1961, despite no services being rendered during the off period in India? 2. Whether the subsequent amendment to the explanation of Section 9(1)(ii) w.e.f. 01.04.2000, which regards amounts paid for "off period" or leave period as income accrued in India only from 01.04.2000, supports the assessee's contention that the payment for the Assessment Year 1999-2000 should not be treated as income earned in India? Assessee's Contention: The assessee argued that no services were rendered in India during the "off period" and that the subsequent amendment to Section 9(1)(ii) effective from 01.04.2000, which clarifies the taxability of "off period" payments, supports their case for the Assessment Year 1999-2000. Revenue's Contention: The judgment does not explicitly record the revenue's arguments.

Which sections of the Income-tax Act were involved?

Section 9(1)(ii)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Income Tax Appeal No. 93 of 2005 M/s B. J. Services Co. Middle East, as agent of Mr. Mike Brownlow, Vikas Centre, 2nd Floor, S.V. Road, Santacruz (W) Mumbai. ……Appellant Versus 1. Income Tax Appellate Tribunal, Delhi Bench ‘C’ New Delhi. 2. Commissioner of Income Tax (Appeals), Dehradun. 3. Assistant Commissioner of Income Tax, Special Circle, Dehradun …Respondents Mr. V.K. Bist, Senior Advocate a/b Mr. A. Chatterji, Advocate for the appellant. Mr. S.K.Posti, Advocate for the respondents. Coram: Hon. Cyriac Joseph, C.J. Hon. J.C.S. Rawat, J.

JUDGMENT

CYRIAC JOSEPH, C.J. (Oral)

1.

This appeal is filed against the order dated 27.10.2004 passed by the Income Tax Appellate Tribunal, Delhi Bench ‘C’, New Delhi in I.T.A. No. 3363/Del/2001. The appellant is the assessee. The dispute relates to the Assessment Year 1999-2000. 2. The substantial question of law raised in the appeal is as follows:

“Whether on the facts and in the circumstances of the case, Tribunal is legally justified in treating the amount paid for the “off period” as the income earned in India in view of the explanation to section 9(1)(ii) while admittedly no service has been rendered during off period in India and inasmuch as, the subsequent amendment made in the explanation w.e.f. 01.04.2000 shows that the amount paid for “off period” or leave period is regarded as the income accrued in India only w.e.f. 01.04.2000?”

3.

payment of salary for “off period” was income earned in India i.e. for services rendered in India under Section 9(1)(ii) and that “off period salary” was taxable under section 9(1)(ii) of the Income Tax Act, 1961. 4. Following the above-mentioned judgment of a Division Bench of this Court, this appeal is dismissed.

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

19.09.

2005 19.09.2005 A

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