CIT v. Mitchell Drilling International P. Ltd.

Dy Commissioner of Income Tax, (It)-4(2)(1), Mumbai vs. M/S Shelf Drilling Ron Tappmeyer, Mumbai

The appeal of the Revenue is dismissed, accordingly

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं. 2135/मुं/ 2022 ("न.व. 2015-16) Shelf Drilling J.T.Angel Limited, 4Th Floor, Schindier House, Main Street, Hiranandani Gardens, Powai, Mumbai 400 076. Pan: Aascs-2719-P ...... अपीलाथ" /Appellant बनाम Vs.

…submits that the decision rendered in the case of Chowringhee Sales Bureau (P) Ltd. v. CIT, 87 ITR 542(SC) , on which the Department has placed reliance has been considered by the Hon'ble Delhi High Court in the case Mitchell Drilling International Pvt. Ltd. 380 ITR 130 and has distinguish the same. Following the aforesaid decision of Hon’ble Delhi High Court, the Hon'ble Jurisdictional High Court in the case of PCIT vs. Boskalis International -Dredging International CV in Income Tax Appeal No.55 of 2017 vide order dated 25/03/2019, wherein similar question was raised, had decided the issue against the Departmen…

Dy Commissioner of Income Tax, (It)-4(2)(1), Mumbai vs. M/S Shelf Drilling J.T. Angel Ltd, Mumbai

The appeal of the Revenue is dismissed, accordingly

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं. 2135/मुं/ 2022 ("न.व. 2015-16) Shelf Drilling J.T.Angel Limited, 4Th Floor, Schindier House, Main Street, Hiranandani Gardens, Powai, Mumbai 400 076. Pan: Aascs-2719-P ...... अपीलाथ" /Appellant बनाम Vs.

…submits that the decision rendered in the case of Chowringhee Sales Bureau (P) Ltd. v. CIT, 87 ITR 542(SC) , on which the Department has placed reliance has been considered by the Hon'ble Delhi High Court in the case Mitchell Drilling International Pvt. Ltd. 380 ITR 130 and has distinguish the same. Following the aforesaid decision of Hon’ble Delhi High Court, the Hon'ble Jurisdictional High Court in the case of PCIT vs. Boskalis International -Dredging International CV in Income Tax Appeal No.55 of 2017 vide order dated 25/03/2019, wherein similar question was raised, had decided the issue against the Departmen…

Shelf Drilling Ron Tappmeyer Limited, Mumbai vs. ACIT- It, Circle 4(2)(1), Mumbai

The appeal of the Revenue is dismissed, accordingly

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं. 2135/मुं/ 2022 ("न.व. 2015-16) Shelf Drilling J.T.Angel Limited, 4Th Floor, Schindier House, Main Street, Hiranandani Gardens, Powai, Mumbai 400 076. Pan: Aascs-2719-P ...... अपीलाथ" /Appellant बनाम Vs.

…submits that the decision rendered in the case of Chowringhee Sales Bureau (P) Ltd. v. CIT, 87 ITR 542(SC) , on which the Department has placed reliance has been considered by the Hon'ble Delhi High Court in the case Mitchell Drilling International Pvt. Ltd. 380 ITR 130 and has distinguish the same. Following the aforesaid decision of Hon’ble Delhi High Court, the Hon'ble Jurisdictional High Court in the case of PCIT vs. Boskalis International -Dredging International CV in Income Tax Appeal No.55 of 2017 vide order dated 25/03/2019, wherein similar question was raised, had decided the issue against the Departmen…

Shelf Drilling J.T. Angel Limited, Mumbai vs. ACIT, It, Circle 4 (2)(1), Mumbai

The appeal of the Revenue is dismissed, accordingly

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं. 2135/मुं/ 2022 ("न.व. 2015-16) Shelf Drilling J.T.Angel Limited, 4Th Floor, Schindier House, Main Street, Hiranandani Gardens, Powai, Mumbai 400 076. Pan: Aascs-2719-P ...... अपीलाथ" /Appellant बनाम Vs.

…submits that the decision rendered in the case of Chowringhee Sales Bureau (P) Ltd. v. CIT, 87 ITR 542(SC) , on which the Department has placed reliance has been considered by the Hon'ble Delhi High Court in the case Mitchell Drilling International Pvt. Ltd. 380 ITR 130 and has distinguish the same. Following the aforesaid decision of Hon’ble Delhi High Court, the Hon'ble Jurisdictional High Court in the case of PCIT vs. Boskalis International -Dredging International CV in Income Tax Appeal No.55 of 2017 vide order dated 25/03/2019, wherein similar question was raised, had decided the issue against the Departmen…

Swiber Offshore Construction Pte. Ltd. (Judicial Managers Appointed), Mumbai vs. Asst Clt (It) Cirlce- 4 (2)(2), Mumbai

…ion of income under Section 44BB of the Act. We note that this issue stands decided in favour of the Assessee by the judgment of the Hon‟ble Delhi High Court in the case of DCIT vs. Mitchell 3 Assessment Year: 2016-17 Drilling International (P) Ltd. : (2016) 380 ITR 130 (Del) as well as by the decision of the Tribunal in the case of M/s Weatherford Drilling International (BVI) Ltd. Vs DCIT (Intl. Taxation) - 4(3)(2) [ITA NO. 495 & 514 /Mum/2017, Assessment Year 2009-10, pronounced on 20.06.2018]. 7. The relevant extract of the judgment of the Hon‟ble Delhi High Court in the case of Mitchell Drilling Internation…

DCIT (It)-3(1)(1), Mumbai vs. Jet Drilling (S) Pte. Ltd., Mumbai

In the result, appeal filed by the revenue for assessment year 2013-

Bench: Shri G. Manjunatha (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2013-14 The Deputy Commissioner Of M/S Jet Drilling (S) Pte. Ltd., Income Tax (It)-3(1)(1), 1St Floor, Ajanta Executive 16Th Floor Room No. 1603, Centre , 8 Juhu Tara Road, Air India Building, Nariman Point, Vs. Juhu, Mumbai - 400064 Mumbai - 400021 Pan: Aabcj9895N (Appellant) (Respondent) Revenue By: Shri Jayant Jhaweri (Cit Dr) Assessee By : Shri Neeraj Agarwal (Ar) Date Of Hearing: 16/03/2020 Date Of Pronouncement: 11/06/2020

…nate Bench has decided the identical issue in favour of the assessee in assessee’s appeal ITA No.6439/Mum/2014, AY 2011-12 by following the judgment of the Assessment Year: 2013-14 Hon’ble Delhi High Court in the case of Mitchell Drilling International(P) Ltd.380 ITR 130 (Delhi), where in the Hon’ble Court has held that for the purposes of presumptive income of assessee under section 44BB, service Tax collected by the assessee was not to be included in the gross receipts within the meaning of sub-section (2) of section 44BB of the Act. The coordinate Bench further followed the same decision in revenue’s appeal in…

DCIT(International Taxation)-3(3)(1), Mumbai vs. M/S. Nabors Drilling International Limited, Mumbai

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

Bench: Shri Laliet Kumar, Jm & Shri M.Balaganesh, Am & Deputy Commissioner Of Vs. M/S. Nabors Drilling Income Tax, (International Internationallimited Taxation)-3(3)(1) C/O. Nangia & Co Ca’S R.No.1630, 16Th Floor 1101, Tower-B, Peninsula Air India Building, Business Park, Ganpat Rao Nariman Point, Kadam Marg, Lower Parel Mumbai – 400 021 Mumbai - 400013 Pan/Gir No.Aadcn7265N (Appellant) .. (Respondent) Deputy Commissioner Of Vs. M/S. Jet Drilling(S) Pte.Ltd 1St Floor, Ajanta Executive Income Tax, (International Taxation)-3(3)(1) Centre, 8, Juhu Tara Road R.No.1630, 16Th Floor Juhu, Mumbai-400 064 Air India Building, Nariman Point, Mumbai – 400 021 Pan/Gir No.Aabcj9895N (Appellant) .. (Respondent) Deputy Commissioner Of Vs. M/S. Novodrill Limited Income Tax, (International C/O. Nangia & Co. Ca’S Taxation)-3(3)(1) 1101, Tower-B, Peninsula R.No.1630, 16Th Floor Business Park, Ganpat Rao Air India Building, Kadam Marg, Lower Parel Nariman Point, Mumbai – 400 013 Mumbai – 400 021 Pan/Gir No.Aadcn0630M (Appellant) .. (Respondent) आदेश / O R D E R Per Bench: These Appeals In Ita Nos. 1215/Mum/2019, 1216/Mum/2019, 1321/Mum/2019 & 1214/Mum/2019 For A.Yrs.2014-15 & 2015-16 Arise Out Of The Order By The Ld. Commissioner Of Income Tax (Appeals)-57, Mumbai In Appeal Dated 27/12/2018, 28/12/2018 & 20/12/2018 Respectively (Ld. Cit(A) In Short) Against The Order Of Assessment Passed U/S.143(3) R.W.S. 144C(3) & 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 Respectively (Hereinafter Referred To As Act) Dated, 27/12/2016 27/12/2017, 08/02/2017 & 29/12/2016 Respectively By The Ld. Dy.Commissioner Of Income Tax(It)-3(3)(1), Mumbai (Hereinafter Referred To As Ld. Ao).

….2018 had an occasion to consider the very same issue and held as under:- “4. We find that this issue is squarely covered in favour of assessee by the decision of Hon’ble Delhi High Court in the case of DIT vs. Mitchell Drilling International Pvt. Ltd. [2016] 380 ITR 130 (Del) and also CBDT Circular No. 1/ 2014 dated 13.01.2014, wherein it is clarified as under: - “2. Attention of CBDT has also been drawn to the judgement of the Hon'ble Rajasthan High Court dated 1-7-2013, in the case of CIT (TDS) Jaipur v. Rajasthan Urban Infrastructure (Income-tax Appeal No.235, 222, 238 and 239/2011), holding that if as per th…

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

…eipts or not in the context of sec. 44B of the Act would become academic in nature. In any case, this issue is covered in favour of the assessee by the decision rendered by 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…

Koras Marine Transport Co. Ltd, Mumbai vs. DCIT (It) 3(1)(2), Mumbai

In the result, appeal of the assessee is allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Blem/S. Korea Marine Transport V. D.C.I.T (International Taxation) – 3(1)(2) Room No. 1605, 16Th Floor, Company Limited Air India Building, Nariman Point, C/O. Sea Horse Ship Agencies (P.) Ltd. Sea Horse House, 30/32, Mumbai – 400 021 Marzben Street, Ballard Estate, Mumbai – 400 001 Pan: Aacck 1101 F (Appellant) (Respondent) Assessee By : Shri Sandesh Desai Department By : Shri Manoj Kumar Singh

…part of the freight receipts for the purpose of computing its deemed profit under Sec.44BB. We further find that a similar view had also been arrived at by the Hon’ble High Court of Delhi in the case of DIT Vs. Mitchell Drilling International Pty. Ltd (2016) 380 ITR 130 (Del). The High Court in the aforementioned case finding itself to be in agreement with the view taken by the High Court of Uttarakhand in the case of Schlumberger Asia Services Ltd(supra), observed that for the purposes of computing the presumptive income of the assessee for the purposes of Section 44BB of the Act, the service tax collected by t…