CIT v. Halliburton Offshore Services Inc.

Cma Cgm Sa, Mumbai vs. DCIT (It) - 2(1)(2), Mumbai

In the result, assessee’s appeal is partly allowed

Bench: Shri Saktijit Dey & Shrimanoj Kumar Aggarwal

…y Hon’ble Delhi High Court in the case of Mitchell Drilling International (P) Ltd (2016)(380 ITR 130). We have noticed that the Ld DRP has considered the decision rendered by Hon’ble Uttarakhand High Court in the case of CIT Vs. Halliburton Offshore Services (300 ITR 265). It is settled principle of law that in case of divergent views expressed by non-jurisdictional High Courts, the view in favour of the assessee should be taken. Accordingly the assessee was justified in placing reliance on the decision rendered by Hon’ble Delhi High Court in the case of Mitchell Drilling International (P) Ltd. (supra). According…

DCIT 4(3)(2), Mumbai vs. Weatherford Drilling International (Bvi) Ltd, Mumbai

The appeals are dismissed

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.3724/Mum/2017 (नििाारण वर्ा / Assessment Year : 2010-11) बिाम/ Dcit(It) 4(3)(2) M/S. Weatherford Room No. 1728 Drilling International 17Th Floor, (Bvi) Ltd., V. Air India Building Unit 71 & 74, 7 Th Floor, Nariman Point Kalpataru Square, Mumbai 400021 Kondivita Lane, Andheri (E), Mumbai 400059 स्थायी ऱेखा सं./ Pan : Aaacw7377F (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri. C.S Sharma, Dr Assessee By : Shri. Kishan Kumar Mundhra सुनवाई की तारीख /Date Of Hearing : 18.09.2018 घोषणा की तारीख /Date Of Pronouncement : 18.09.2018 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 3724/Mum/2017, Is Directed Against Appellate Order Dated 23.02.2017 Passed By Learned Commissioner Of Income Tax (Appeals)-58, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2010-11, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 15.05.2013 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 144C(3) R.W.S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Assessment Year 2010-11. I.T.A. No.3724/Mum/2017

…आयकर अपीऱीय अधिकरण “G” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER आयकर अपीऱ सं./I.T.A. No.3724/Mum/2017 (नििाारण वर्ा / Assessment Year : 2010-11) बिाम/ DCIT(IT) 4(3)(2) M/s. Weatherford Room No. 1728 Drilling International 17th Floor, (BVI) Ltd., v. Air India Building Unit 71 & 74, 7 th Floor, Nariman Point Kalpataru Square, Mumbai 400021 Kondivita Lane, Andheri (E), Mumbai 400059 स्थायी ऱेखा सं./ PAN : AAACW7377F (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue by: Shri. C.S Sharma, DR A…

Deimas S.A.S, Mumbai vs. DCIT (It) RG 2(1)(1), Mumbai

In the result, assessee’s appeal is partly allowed

Bench: Shri Saktijit Dey & Shri N. K. Pradhan

…gh Court in the case of Mitchell Drilling 12 Delmas S.A.S. International (P) Ltd (2016)(380 ITR 130). We have noticed that the Ld DRP has considered the decision rendered by Hon’ble Uttarakhand High Court in the case of CIT Vs. Halliburton Offshore Services (300 ITR 265). It is settled principle of law that in case of divergent views expressed by non-jurisdictional High Courts, the view in favour of the assessee should be taken. Accordingly the assessee was justified in placing reliance on the decision rendered by Hon’ble Delhi High Court in the case of Mitchell Drilling International (P) Ltd. (supra). According…

Cma Cgm Sa, Mumbai vs. DCIT (It) 2(1)(1), Mumbai

In the result, all the appeals of the revenue are dismissed

Bench: Shri B.R. Baskaran (Am) & Shri Ravish Sood(Jm)

…y Hon’ble Delhi High Court in the case of Mitchell Drilling International (P) Ltd (2016)(380 ITR 130). We have noticed that the Ld DRP has considered the decision rendered by Hon’ble Uttarakhand High Court in the case of CIT Vs. Halliburton Offshore Services (300 ITR 265). It is settled principle of law that in case of divergent views expressed by non-jurisdictional High Courts, the view in favour of the assessee should be taken. Accordingly the assessee was justified in placing reliance on the decision rendered by Hon’ble Delhi High Court in the case of Mitchell Drilling International (P) Ltd 15 CMA CGM SA (su…

DDIT (It) 2(1), Navi Mumbai vs. Swiwer Offshore Pte Ltd, Mumbai

…DR supported the order of the FAA and argued that the ships were used for activities related with exploration/production of mineral oil,that the AO had rightly taxed the assessee u/s.44BB of the Act.He relied upon the case of Halliburton offshore Service Inc.(300 ITR 265). 2.3.We have heard the rival submissions and perused the material before us.We have gone through the cases relied upon by the AR and DR.We have also perused the case of ONGC,as agent of Sea Horse Inc.,(29 ITD 422). 2.3.1.We find that the assessee had given three ships on hire,that the ships were used for transporting men/goods to offshore locati…

Swiwar Offshore Pte .Ltd, Mumbai vs. Addl DIT (It) RG 2, Mumbai

…DR supported the order of the FAA and argued that the ships were used for activities related with exploration/production of mineral oil,that the AO had rightly taxed the assessee u/s.44BB of the Act.He relied upon the case of Halliburton offshore Service Inc.(300 ITR 265). 2.3.We have heard the rival submissions and perused the material before us.We have gone through the cases relied upon by the AR and DR.We have also perused the case of ONGC,as agent of Sea Horse Inc.,(29 ITD 422). 2.3.1.We find that the assessee had given three ships on hire,that the ships were used for transporting men/goods to offshore locati…