THE COMMISSIONER OF INCOME TAX vs. O.N.G.C. AS AGENT MR. IVAN VORABIE
What did the High Court hold?
The High Court followed its own previous judgment in Commissioner of Income Tax, Meerut and another Vs. ONGC as agent of Cooper Engineering Services International Incorporated and connected cases, reported in (2003) 264 ITR 340. In that precedent, a Division Bench of the High Court had held that the Tribunal was correct in concluding that Multiple Stage Grossing Up was not applicable to notional income under section 44BB read with section 195A of the Income Tax Act, 1961. Therefore, by following this established legal position, the High Court dismissed the present appeal. The specific finding on the issue was that Single Stage Grossing up was the correct method for notional income under the relevant sections, contrary to the Assessing Officer's Multi Stage Grossing Up. The ratio decidendi is that the principle established in the cited case applies directly to this appeal.
What were the facts?
The appeal concerns Assessment Year 1990-91 and is filed by the Commissioner of Income Tax and the Assistant Commissioner of Income Tax against an order dated October 16, 1998, passed by the Income Tax Appellate Tribunal, Delhi Bench “B”. The assessee is Mr. Ivan Vorobie, represented by ONGC, Tel Bhawan, Dehradun. The dispute revolves around the method of grossing up tax perquisites paid by ONGC on behalf of the assessee. The Assessing Officer applied a 'Multi Stage Grossing Up', while the Tribunal directed the application of 'Single Stage Grossing up'. This appeal challenges the Tribunal's direction.
What were the issues?
1. Whether, on the facts and in the circumstances of the case, the learned Income Tax Appellate Tribunal was justified in directing the application of Single Stage Grossing up of tax perquisites paid by ONGC on behalf of the assessee, instead of Multi Stage Grossing Up applied by the Assessing Officer under section 195A of the Income Tax Act, 1961? Assessee's Contention: Not recorded in the judgment. Revenue's Contention: The Assessing Officer applied Multi Stage Grossing Up. The revenue, as appellants, is challenging the Tribunal's decision to apply Single Stage Grossing up.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT
CYRIAC JOSEPH, C.J.(Oral)
This appeal is against the order dated 16th October 1998 passed by the Income Tax Appellate Tribunal, Delhi Bench “B” in ITA. No. 3513(D) of 1992. The dispute relates to the Assessment Year 1990-91. The assessee is Mr. Ivan Vorobie, represented by ONGC., Tel Bhawan, Dehradun.
The substantial question of law raised in the appeal is as follows:
“Whether on the facts and in the circumstances of the case the learned Income Tax Appellate Tribunal was justified in directing to apply Single Stage Grossing up of the Tax perquisites paid by ONGC on behalf of the assessee, instead of Multi Stage Grossing Up, applied by the Assessing Officer under section 195- A of the Income Tax Act, 1961?”
A
More judgments on Section 195A
- M/S. Indian Oil Corporation Ltd, Mumbai vs The DDIT (It) - 3(1), MumbaiITA 989/MUM/2008[2006-07]Status: Disposed19 Dec 2023AY 2006-07
- M/S. Indian Oil Corporation Ltd, Mumbai vs The DDIT (It) - 3(1), MumbaiITA 988/MUM/2008[2005-06]Status: Disposed19 Dec 2023AY 2005-06
- M/S. Indian Oil Corporation Ltd, Mumbai vs The DDIT (It) - 3(1), MumbaiITA 987/MUM/2008[]Status: Disposed19 Dec 2023
- Atomstroyexport, Mumbai vs DCIT (It)Circle -1(1)(2), MumbaiITA 575/MUM/2023[2020-2021]Status: Disposed12 Dec 2023AY 2020-2021
- Permali Wallace Pvt. Ltd, Bhopal vs ITO (It & Tp), BhopalITA 552/IND/2018[2016-17]Status: Disposed9 Nov 2023AY 2016-17
Recent GST High Court judgments
Search GST case law →- M/S. Access Worldwide Cargo vs. The Commissioner Of CustomsKarnataka · 3 Nov 2026
- M/S Greenlam Industries LTD And Another vs. The UOI And OthersHimachal Pradesh · 3 Nov 2026
- M/S Sahoo Supply Agency,Balasore vs. Central Board Of Indirect Taxes And Customs,New DelhiOrissa · 3 Nov 2026
- M/S Jyoti Consultants, Agrahat vs. Pr. Commissioner GST And Central Excise Commissionerate, BhubaneswarOrissa · 3 Nov 2026
- M/S. Sahoo Supply Agency vs. Central Board Of Indirect Taxes And CustomsOrissa · 3 Nov 2026