Middle East Ltd. v. Asst Commissioner

Bj Services Company Middle East Limited, Mumbai vs. Deputy Commissioner of Income Tax, Dehradun

Bench: Yogesh Kumar U.S. & Shrimanish Agarwalita No. 53/Ddn/2024 (A.Y. 2016-17) Assistant Commissioner Of V B J Services Me Company Income Tax, 13-A, Subhash S. Limited, Unit No. 203, Navi Road, Dehradun, Uttarakhand Mumbai,Thane, Maharashtra Pan:Aaacb8529N Appellant Respondent B J Services Me Company Vs Deputy Commissioner Of Limited, Unit No. 203, Navi Income Tax, Circle-1, Mumbai, Thane, International Taxation Maharashtra Income-Tax Office, Subhash Pan:Aaacb8529N Road, Dehradun, Uttarakhand

…R does not come to the rescue of the assessee in the instant case. 10.10. Moreover, we find that the decision of Delhi Tribunal relied by ld. DR in the case of B J Services Co. Middle East has been approved by the Hon’ble Jurisdictional High Court reported in 380 ITR 138 (Uttarakhand) wherein it was held that interest on refund u/s 244A of the Act arising to a foreign company would be taxed at Maximum Marginal Rate. 10.11. In view of the aforesaid observations and respectfully following the judicial precedents relied upon hereinabove, the Ground No. 5 raised by the assessee for the Asst Year 2015-16 is dismissed.…

Asstt. Commissioner of Income Tax, Aayakar Bhawan vs. Bj Services Me Company Limited, Maharashtra

Bench: Yogesh Kumar U.S. & Shrimanish Agarwalita No. 53/Ddn/2024 (A.Y. 2016-17) Assistant Commissioner Of V B J Services Me Company Income Tax, 13-A, Subhash S. Limited, Unit No. 203, Navi Road, Dehradun, Uttarakhand Mumbai,Thane, Maharashtra Pan:Aaacb8529N Appellant Respondent B J Services Me Company Vs Deputy Commissioner Of Limited, Unit No. 203, Navi Income Tax, Circle-1, Mumbai, Thane, International Taxation Maharashtra Income-Tax Office, Subhash Pan:Aaacb8529N Road, Dehradun, Uttarakhand

…R does not come to the rescue of the assessee in the instant case. 10.10. Moreover, we find that the decision of Delhi Tribunal relied by ld. DR in the case of B J Services Co. Middle East has been approved by the Hon’ble Jurisdictional High Court reported in 380 ITR 138 (Uttarakhand) wherein it was held that interest on refund u/s 244A of the Act arising to a foreign company would be taxed at Maximum Marginal Rate. 10.11. In view of the aforesaid observations and respectfully following the judicial precedents relied upon hereinabove, the Ground No. 5 raised by the assessee for the Asst Year 2015-16 is dismissed.…

Asstt. Commissioner of Income Tax, Aayakar Bhawan vs. Bj Services Me Company Limited, Maharashtra

Bench: Yogesh Kumar U.S. & Shrimanish Agarwalita No. 53/Ddn/2024 (A.Y. 2016-17) Assistant Commissioner Of V B J Services Me Company Income Tax, 13-A, Subhash S. Limited, Unit No. 203, Navi Road, Dehradun, Uttarakhand Mumbai,Thane, Maharashtra Pan:Aaacb8529N Appellant Respondent B J Services Me Company Vs Deputy Commissioner Of Limited, Unit No. 203, Navi Income Tax, Circle-1, Mumbai, Thane, International Taxation Maharashtra Income-Tax Office, Subhash Pan:Aaacb8529N Road, Dehradun, Uttarakhand

…R does not come to the rescue of the assessee in the instant case. 10.10. Moreover, we find that the decision of Delhi Tribunal relied by ld. DR in the case of B J Services Co. Middle East has been approved by the Hon’ble Jurisdictional High Court reported in 380 ITR 138 (Uttarakhand) wherein it was held that interest on refund u/s 244A of the Act arising to a foreign company would be taxed at Maximum Marginal Rate. 10.11. In view of the aforesaid observations and respectfully following the judicial precedents relied upon hereinabove, the Ground No. 5 raised by the assessee for the Asst Year 2015-16 is dismissed.…

Dy. Commissioner of Income Tax, Aayakar Bhawan vs. Expro Gulf Limited, Cyprus

Bench: Yogesh Kumar U.S. & Shri Manish Agarwaldeputy Commissioner Of Vs Expro Gulf Limited Income Tax, 13-A, Subhash Aerc Makarioi/111284, Road, Dehradun, Fortuna Court Block B, 2 & 3 Uttarakhand Floor Limassol Larnaca, Cyprus,248001 Pan:Aaace5272B Appellant Respondent Assessee By Sh. Amit Arora, Ca & Sh. Vishal Mishra, Ca Revenue By Sh. Mohan Lal Joshi, Sr. Dr Date Of Hearing 14/11/2025 Date Of Pronouncement 19/11/2025 Order

…R does not come to the rescue of the assessee in the instant case. 10.10. Moreover, we find that the decision of Delhi Tribunal relied by ld. DR in the case of B J Services Co. Middle East has been approved by the Hon’ble Jurisdictional High Court reported in 380 ITR 138 (Uttarakhand) wherein it was held that interest on refund u/s 244A of the Act arising to a foreign company would be taxed at Maximum Marginal Rate. 10.11. In view of the aforesaid observations and respectfully following the judicial precedents relied upon hereinabove, the Ground No. 5 raised by the assessee for the Asst Year 2015-16 is dismissed.…

DCIT, Circle- 2, Intl. Taxation, Dehradun vs. Schlumberger Asia Services Ltd., Dehradun

In the result, the appeal of the assessee for the Asst Year 2015-16 is partly allowed and that of the revenue is dismissed

Bench: Shri Saktijit Dey & Shri M. Balaganeshita No. 5223/Del/2018 (A. Y.: 2015-16) Schlumberger Asia Services Ltd, Vs. Dcit, 14Th Floor, Tower-C, Building Circle-2, No. 1, Dlf City, Phase-Ii, International Taxation, Gurgaon Dehradun (Appellant) (Respondent) Pan: Aadcs1107J

…ther Income-tax refund was taxable under Article 11 of the concerned Double Taxation Avoidance Agreement ['DTAA]. Further, it has been submitted that the decision of the Uttarakhand High Court in the case of B.J. Services Co. Middle East Ltd. v/s. ACIT [2016] 380 ITR 138¹ has held that interest income is taxable at the business income, chargeable at the maximum marginal rate and not at 15% under the relevant DTAA. In this connection, it is pointed out that the decision of the Special Bench in the case of Clough Engineering Ltd. (supra) (copy enclosed) was referred to by the assessee during the course of the heari…

Schlumberger Asia Services Ltd., Dehradun vs. DCIT, Circle- 2, Intl. Taxation, Dehradun

In the result, the appeal of the assessee for the Asst Year 2015-16 is partly allowed and that of the revenue is dismissed

Bench: Shri Saktijit Dey & Shri M. Balaganeshita No. 5223/Del/2018 (A. Y.: 2015-16) Schlumberger Asia Services Ltd, Vs. Dcit, 14Th Floor, Tower-C, Building Circle-2, No. 1, Dlf City, Phase-Ii, International Taxation, Gurgaon Dehradun (Appellant) (Respondent) Pan: Aadcs1107J

…ther Income-tax refund was taxable under Article 11 of the concerned Double Taxation Avoidance Agreement ['DTAA]. Further, it has been submitted that the decision of the Uttarakhand High Court in the case of B.J. Services Co. Middle East Ltd. v/s. ACIT [2016] 380 ITR 138¹ has held that interest income is taxable at the business income, chargeable at the maximum marginal rate and not at 15% under the relevant DTAA. In this connection, it is pointed out that the decision of the Special Bench in the case of Clough Engineering Ltd. (supra) (copy enclosed) was referred to by the assessee during the course of the heari…

DCIT, Circle- 2, Intl. Taxation, Dehradun vs. Schlumberger Asia Services Ltd., Dehradun

In the result, the appeal of the assessee for the Asst Year 2015-16 is partly allowed and that of the revenue is dismissed

Bench: Shri Saktijit Dey & Shri M. Balaganeshita No. 5223/Del/2018 (A. Y.: 2015-16) Schlumberger Asia Services Ltd, Vs. Dcit, 14Th Floor, Tower-C, Building Circle-2, No. 1, Dlf City, Phase-Ii, International Taxation, Gurgaon Dehradun (Appellant) (Respondent) Pan: Aadcs1107J

…ther Income-tax refund was taxable under Article 11 of the concerned Double Taxation Avoidance Agreement ['DTAA]. Further, it has been submitted that the decision of the Uttarakhand High Court in the case of B.J. Services Co. Middle East Ltd. v/s. ACIT [2016] 380 ITR 138¹ has held that interest income is taxable at the business income, chargeable at the maximum marginal rate and not at 15% under the relevant DTAA. In this connection, it is pointed out that the decision of the Special Bench in the case of Clough Engineering Ltd. (supra) (copy enclosed) was referred to by the assessee during the course of the heari…

Schlumberger Asia Services Ltd., Dehradun vs. DCIT, Circle- 2, Intl. Taxation, Dehradun

In the result, the appeal of the assessee for the Asst Year 2015-16 is partly allowed and that of the revenue is dismissed

Bench: Shri Saktijit Dey & Shri M. Balaganeshita No. 5223/Del/2018 (A. Y.: 2015-16) Schlumberger Asia Services Ltd, Vs. Dcit, 14Th Floor, Tower-C, Building Circle-2, No. 1, Dlf City, Phase-Ii, International Taxation, Gurgaon Dehradun (Appellant) (Respondent) Pan: Aadcs1107J

…ther Income-tax refund was taxable under Article 11 of the concerned Double Taxation Avoidance Agreement ['DTAA]. Further, it has been submitted that the decision of the Uttarakhand High Court in the case of B.J. Services Co. Middle East Ltd. v/s. ACIT [2016] 380 ITR 138¹ has held that interest income is taxable at the business income, chargeable at the maximum marginal rate and not at 15% under the relevant DTAA. In this connection, it is pointed out that the decision of the Special Bench in the case of Clough Engineering Ltd. (supra) (copy enclosed) was referred to by the assessee during the course of the heari…

Halliburton Offshore Services Inc., Noida vs. DCIT (International Taxation), Dehradun

In the result, appeal filed by the assessee is partly allowed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishihalliburton Offshore Services Ltd, Vs. Dcit(International Taxation), C/O. Nangia & Company, Circle-1, A-109, Sector-136, Noida Dehradun Pan: Aaach5154M (Appellant (Respondent)

…red against the assessee by the decision of the honourable High Court in B. J. Services Co. Middle East Ltd. Vs Assistant Commissioner of Income-tax, (O.S.D.) Range-1, Dehradun [2015] 60 taxmann.com 246 (Uttarakhand)/[2015] 234 Taxman 604 (Uttarakhand)/[2016] 380 ITR 138 (Uttarakhand)/[2016] 288 CTR 214 (Uttarakhand) wherein it has been held that Where assessee is carrying on business through a permanent establishment in India, interest on tax refund is taxable as business income under clause 6 of article 12 of Double Taxation Avoidance Treaty between India and UK. In the present case, also it is not denied that…

Bj Services Company Me Ltd., Noida vs. DCIT (International Taxation), Dehradun

In the result, appeal filed by the assessee is dismissed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishibj Services Company Me Ltd,] Vs. Dcit (International Taxation ), C/O. Nangia & Company, Circle-1, A-109, Sector-136, Noida Dehradun Pan: Aaacb8529N (Appellant (Respondent)

…INCOME TAX APPELLATE TRIBUNAL DEHRADUN CIRCUIT BENCH: DEHRADUN BEFORE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER BJ Services Company ME Ltd,] Vs. DCIT (International Taxation ), C/o. Nangia & Company, Circle-1, A-109, Sector-136, Noida Dehradun PAN: AAACB8529N (Appellant (Respondent) Assessee by: Shri Amit Arora, CA Shri Itesh Dodhi, CA Revenue by : Shri Thakur Singh Mapwal, JCIRT DR Date of Hearing 04/03/2021 Date of pronouncement 08/06/2021 O R D E R PER PRASHANT MAHARISHI, A. M. 1. This appeal is filed by the assessee against the order of the ld CIT (A)-2, Noi…

Bg International Limited, Mumbai vs. The Deputy Commissioner of Income Tax, DDIT/ADIT(International Taxation), Circle-1, Dehradun

In the result the appeal filed by the assessee is partly allowed and stay application filed by the assessee is dismissed

Bench: Shri R.K. Panda & Ms Suchitra Kambleasstt. Year 2017-18

…ctivities in India and accordingly taxable as business profits. He however, submitted that in all fairness, the matter is covered against the assessee by the decision of the High Court of Uttarakhand in the case of B. J. Services Co. Middle East Ltd. v. ACIT: 380 ITR 138. 17 Stay No. 14/DDN/2020 13.2 Ld. DR on the other hand submitted that the issue has been decided against the assessee by the Jurisdictional High Court. 13.3. Since the issue has been decided against the assessee by the Hon’ble Jurisdictional High Court in the case of B.J Services Co. Vs. ACIT (supra) therefore, the ground of appeal No. 4 by the…