CIT v. Sedco Forex International Drilling Co. Ltd.

Hyundai Heavy Industries Co. Ltd., Dehradun vs. JCIT, Dehradun

In the result, the appeal of the assessee is allowed partly for statistical purposes

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2010-11 Hyundai Heavy Industries Co. Vs. Jcit, International Tax Taxation, Ltd., C/O- M/S. Hemant Arora & Dehradun. Co. 1, Tyagi Road, Dehradun (Pan: Aaach5727Q) (Appellant) (Respondent)

…zed Representative submitted that in the assessee’s own case for assessment year 2009-10, the Tribunal has remitted the matter back to the file of the Assessing Officer to follow the decision of the Hon’ble High Court of Uttarakhand in Sedco Forex reported in 264 ITR 320. Therefore, he requested that the issue for the year under consideration may also be remitted back to the file of the Assessing Officer. 21 ITA No. 758/Del/2015, AY:2010-11 Hyundai Heavy Industries Co. Ltd. 10.2 Learned Commissioner of Income Tax(Departmental Representative ), on the other hand could not controvert the submission of the learned…

ADIT, Dehradun vs. M/S. Hallin Marine Uk Ltd., Dehradun

In the result, both the appeal and the cross objection filed by the assessee are dismissed and the appeal filed by the Revenue is allowed partly for statistical purposes

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2009-10 M/S. Hallin Marine Uk Ltd., Vs. Adit, Intl. Taxation, Dehradun C/O Nangia & Company, Suite 4A, Plaza M-6, Jasola, New Delhi (Pan: Aabch9433L) (Appellant) (Respondent)

…deduct the tax at source, the assessee could not be fastened with the liability of interest. The judgment of the Uttaranchal High Court in the case of CIT & Anr. vs. Sedco Forex International Drilling Co. Ltd. & Ors. (2004) 186 CTR (Uttaranchal) 144 : (2003) 264 ITR 320 (Uttaranchal). After extensively dealing with the identical issue, the Court gave the following reasons for holding that the liability of the assessee to pay interest would not arise under these circumstances : "17. Although we agree with the conclusions of the Tribunal, we prefer to give our own reasons in support of our conclusion that on the f…

Hallin Marine Uk Ltd., New Delhi vs. ADIT, Dehradun

In the result, both the appeal and the cross objection filed by the assessee are dismissed and the appeal filed by the Revenue is allowed partly for statistical purposes

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2009-10 M/S. Hallin Marine Uk Ltd., Vs. Adit, Intl. Taxation, Dehradun C/O Nangia & Company, Suite 4A, Plaza M-6, Jasola, New Delhi (Pan: Aabch9433L) (Appellant) (Respondent)

…deduct the tax at source, the assessee could not be fastened with the liability of interest. The judgment of the Uttaranchal High Court in the case of CIT & Anr. vs. Sedco Forex International Drilling Co. Ltd. & Ors. (2004) 186 CTR (Uttaranchal) 144 : (2003) 264 ITR 320 (Uttaranchal). After extensively dealing with the identical issue, the Court gave the following reasons for holding that the liability of the assessee to pay interest would not arise under these circumstances : "17. Although we agree with the conclusions of the Tribunal, we prefer to give our own reasons in support of our conclusion that on the f…

Director of Income Tax International Taxation vs. Ge Packaged Power Inc

…the obligation rests upon the payer to deduct tax at source. Reliance was also placed on CIT v. Madras Fertilizers Ltd. [1984] 149 ITR 703 (Mad.); DIT (Int. Taxation) v. NGC Network Asia LLC 313 ITR 187 (Bom.); Sedco Forex International Drilling Inc. v. DCIT 264 ITR 320 (Utt.); Motorola Inc. v. DIT 95 ITR 269 (Delhi SB) and Qualcomm Inc. v. ADIT, 153 TTJ 513 (Del.), for this proposition. 7. The question that arises for consideration is whether interest should be levied on the assessee under Section 234B, on the ground of non-payment of advance tax. The case of the Revenue, in short, is that the position of law i…

Director of Income Tax vs. Jacabs Civil Inc

Appeals of the Department are dismissed

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MS. JUSTICE REVA KHETRAPAL

…o the assessee to deduct the tax at source, the assessee could not be fastened with the liability of interest. The judgment of the Uttaranchal High Court in the case of Commissioner of Income Tax and Anr. vs. Sedco Forex International Drilling Co. Ltd. 264 ITR 320. After extensively dealing with the identical issue, the court gave the following reasons for holding that the liability of the assessee to pay interest would not arise under these circumstances: - “17. Although we agree with the conclusions of the Tribunal, we prefer to give our own reasons in support of our conclusion that on the facts a…

Director of Income Tax vs. Mitsubishi Corporation

Appeals of the Department are dismissed

…mount to the assessee to deduct the tax at source, the assessee could not be fastened with the liability of interest. The judgment of the Uttaranchal High Court in the case of Commissioner of Income Tax and Anr. vs. Sedco Forex International Drilling Co. Ltd. 264 ITR 320. After extensively dealing with the identical issue, the court gave the following reasons for holding that the liability of the assessee to pay interest would not arise under these circumstances: - "17. Although we agree with the conclusions of the Tribunal, we prefer to give our own reasons in support of our conclusion that on the facts and cir…

Director of Income Tax vs. Jacabs Civil Inc

Appeals of the Department are dismissed

…o the assessee to deduct the tax at source, the assessee could not be fastened with the liability of interest. The judgment of the Uttaranchal High Court in the case of Commissioner of Income Tax and Anr. vs. Sedco Forex International Drilling Co. Ltd. 264 ITR 320. After extensively dealing with the identical issue, the court gave the following reasons for holding that the liability of the assessee to pay interest would not arise under these circumstances: - “17. Although we agree with the conclusions of the Tribunal, we prefer to give our own reasons in support of our conclusion that on the facts a…