WAVEFIELD INSEIS ASA,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), DEHRADUN

O R D E R PER PRASHANT MAHARISHI, A. M. 1. This appeal is filed by the assessee against the order of the ld Assessing Officer dated 28.12.2015 passed u/s 143(3) read with section 144C(13) of the Income Tax Act, 1961 for Assessment Year 2011-12 raising following grounds of appeal:- “1. On the facts and circumstances of the case, the ld AO/DRP has erred on facts and in law in holding that the sum of Rs. 24296868/- and Rs. 21381753/- received by the appellant towards fee for mobilization and demobilization of the rig respectively outside India, is to be included in the gross receipts u/s 44BB of the Act without appreciating that the said amount does not accrue or arise to the appellant in India in terms of Section 5(2) read with Section 9 of the Act.

2. On the facts and circumstances of the case, the ld AO/DRP has erred on facts and in law in holding that sum of Rs. 12901399/- received by the appellant from ONGC as reimbursement of actual expenses incurred by the appellant on their behalf, is to be included in the gross receipts u/s 44BB of the Income Tax Act, 1961.”