DY. COMMISSIONER OF INCOME TAX, DEHRADUN vs. HALLIBURTON OFFSHORE SERVICES INC., MAHARASHTRA
In favour of the Revenue: the Revenue's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the issue regarding the taxability of the assessee's receipts as Royalty/FTS versus presumptive taxation under Section 44BB had already been decided in favour of the assessee by a co-ordinate bench in the assessee's own case for earlier assessment years.
What were the facts?
The Revenue appealed against the CIT(A)'s decision that the assessee's income from technical services was covered under the presumptive provisions of Section 44BB. The Assessing Officer had treated some receipts as Fee for Technical Services (FTS) under Section 44DA, while the assessee claimed they fell under Section 44BB.
What were the issues?
The primary issue was whether the assessee's income from technical services should be taxed as Fee for Technical Services (FTS) or under the presumptive provisions of Section 44BB. A secondary issue involved the taxability of interest income under the DTAA.
Which sections of the Income-tax Act were involved?
Section 9(1)(vi),Section 9(1)(vii),Section 44BB,Section 44DA,Section 115A
AI-generated summary — verify with the full judgment below
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- ONGC v. CIT241 citing376 ITR 306 · 2015 · SC
Income Tax Appellate Tribunal, DELHI
Before: SHRI YOGESH KUMAR U.S. & SHRI MANISH AGARWAL
Heard together (3 matters)
Read from the judgment's own cause title. This page is filed under one of them.
CIT(A) followed the order of the Tribunal dated 08/12/2022 in the case of Expro Gulf Limited in and C.O. No. 165/Dle/2018 held that interest on income tax refund shall be taxed as per the provisions of DTAA. Aggrieved by the order of the Ld. CIT(A), the Department preferred the present Appeal.
The Ld. Departmental Representative submitted that the Ld. CIT(A) committed error in considering the interest income as taxable and chargeable to tax as per the provision of Article 11 of DTAA at 15%, by relying on the assessment order sought for allowing the Appeal.
Per contra, the Ld. Assessee's Representative submitted that there is no error in the approach of the Ld. CIT(A) in following the ratio laid down by the Tribunal in the case of Expro Gulf Ltd. (supra), wherein the Tribunal followed the Judgment of Hon'ble High Court in the case of B. J. Services ME Limited, thus sought for dismissal of the Ground No. 2 and 2.1 of the Revenue.
We have heard both the parties and perused the material available on record. In view of the fact that the Ld. CIT(A) has followed the order of the Co-ordinate Bench of the Tribunal in the case of Expro Gulf Ltd. (supra), wherein the Tribunal followed the Judgment of Hon'ble High Court in the case of B. J. Services ME Limited and held that the interest income on income tax refunds shall be liable to be taxed @15% as per Article 11 of tax treaty between India and USA, in the absence of any contrary precedent brought on record, in view of the settled principals of law, we find no error or infirmity in the order of the Ld. CIT(A). Accordingly, finding no merits in Ground No. 2 and 2.1 of the Revenue, the same are dismissed.
The Ground No. 1 of the Revenue is on the issue of taxability of the Assessee’s receipts as Royalty/FTS covered u/s 9(1)(vi)/9(1)(vii) r.w.s 44DA of the Act treated by the Assessing Officer (A.O) as against such receipts offered by the Assessee under the ambit of Section 44BB of the Act.
We have already decided the above issue of taxability of Assessee’s receipt as Royalty/FTS and held that the said revenues deserve to be taxed u/s 44BB of the Act by following the ratio laid down by the Tribunal in Assessee’s own case for Assessment Year 2013-14 and 2014-15. Accordingly, by applying the said findings and the conclusion mutatis mutandis in the present Appeal, we dismiss the Ground No. 1 of the Revenue.
The Ground No. 2 and its sub grounds of the Revenue are on the taxability of interest u/s 244A of the Income Tax Refund. It was the case of the Assessee that said income Royalty/FTS is liable to be taxed at 15% under DTAA as against the Department’s stand of maximum of marginal right under the Income Tax Act.
We have already decided the above issue in Assessment Year 2017-18 (supra) in favour of the Assessee holding that the interest income on income tax refunds shall be liable to be taxed @15% as per Article 11 of tax treaty between India and USA. Accordingly, by applying the said findings and the conclusion mutatis mutandis in the present Appeal, we dismiss the Ground No. 2 of the Revenue.
ITA No. 175/DDN/2024 (A.Y 2016-17)
Solitary issue involved in the above Appeal of the Revenue urged in Ground No. 1 to 5 is regarding taxability of the Assessee’s receipts as Royalty/FTS covered u/s 9(1)(vi)/9(1)(vii) r.w.s 44DA of the Act treated by the Assessing Officer (A.O) as against such receipts offered by the Assessee under the ambit of Section 44BB of the Act.
We have already decided the above issue of taxability of Assessee’s receipt as Royalty/FTS and held that the said revenues deserve to be taxed u/s 44BB of the Act by following the ratio laid down by the Tribunal in Assessee’s own case for Assessment Year 2013-14 and 2014-15. Accordingly, by applying the said findings and the conclusion mutatis mutandis in the present Appeal, we dismiss the Ground No. 1 to 5 of the Revenue.
In the Result, appeals of the Revenue in ITA Nos., 187/DDN/2024, 175/DDN/2024 and 188/DDN/2024 are dismissed.
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