What is ONGC v. CIT authority for?

Income derived by a non-resident for services related to mineral oil operations, falling under the presumptive taxation regime of Section 44BB, cannot simultaneously be treated as fees for technical services under Section 9(1)(vii). The specific presumptive provisions override the general FTS definition, particularly when DTAA applies.

How many judgments cite ONGC v. CIT?

241 judgments on BharatTax cite ONGC v. CIT (376 ITR 306), spanning 2015 to 2026.

Which sections of the Income Tax Act does ONGC v. CIT come up under?

It is most often cited in judgments turning on Section 44BB, Section 143(3), Section 44DA, Section 9(1)(vii), Section 43A, Section 115A.

ONGC v. CIT (376 ITR 306)

Smit Singapoare Pte Ltd, Mumbai vs. DCIT (It) Cir 4(1)(2), Mumbai

The appeal of the assessee is allowed in terms of our aforesaid observations

ITA 7055/MUM/2017[2014-15]Status: DisposedITAT Mumbai09 Nov 2020AY 2014-15

Bench: Shri Pramod Kumar & Shri Ravish Soodsmit Singapore Pte Ltd. Deputy Commissioner Srbc & Associates, Of Income-Tax (I.T.)-4(2)(1), 14Th Floor, The Ruby, 17Th Floor, Room No. 1708, Vs. 29 Senapati Bapat Marg, Air India Building, Nariman Point, Dadar (West), Mumbai - 400021 Mumbai- 400028 Pan – Aaocs1031L (Appellant) (Respondent) Appellant By: Shri Madhur Agarwal, A.R Respondent By: Shri Sanjay Singh & Shri T.S. Khaisa, Cit, D.Rs Date Of Hearing: 06.11.2020 Date Of Pronouncement: 09.11.2020

For Appellant: Shri Madhur Agarwal, A.RFor Respondent: Shri Sanjay Singh &

Section 143(3)Section 234ASection 234BSection 271(1)(c)Section 44BSection 9(1)(vi)

…of mineral oils, the revenue therein generated would be covered within the ambit of Sec. 44BB of the Act. In order to fortify its aforesaid claim the assessee had drawn support from the judgment of the Hon‘ble Supreme Court in the case of ONGC Vs. CIT (2015) 376 ITR 306 (SC). But then, it was submitted by the assessee that as it had not constituted a PE in India during the year under consideration i.e A.Y. 2014-15, thus as per Article 7 of the India-Singapore tax treaty its profits earned from the aforesaid activities were not taxable in India. 6. After considering the aforesaid submissions of the assessee, the…

DCIT, Circle - 5(1), Kolkata vs. M/S. Kesoram Industries Ltd., Kolkata

In the result, the appeal of Revenue as well that of assessee both are dismissed

ITA 1776/KOL/2019[2011-12]Status: DisposedITAT Kolkata21 Oct 2020AY 2011-12

Bench: Shrip.M.Jagtap, Vice- & Shri S.S.Godara

Section 10(34)Section 115JSection 143(3)Section 14A

…llant was thereafter asked by the AO as to why the unrealized loss of ₹3,67,22,220/- should not be disallowed. Although the assessee had relied on the decisions of the Hon'ble Apex Court In the case of Woodward Governor Pvt. Ltd (312 ITR 254) and ONGC vs CIT (322 ITR 180), the AO has attempted to distinguish the appellant's factual situation, without actually bringing forth the distinction. According to the AO, the case decided by the Hon'ble Apex Court was prior to the amendment made in Section 43A of the Act. In the considered opinion of the AO, such loss was nothing but notional and therefore the same was not…

Kesoram Industries Limited, Kolkata vs. DCIT, Circle-5(1), Kolkata

In the result, the appeal of Revenue as well that of assessee both are dismissed

ITA 1195/KOL/2019[2011-12]Status: DisposedITAT Kolkata21 Oct 2020AY 2011-12

Bench: Shrip.M.Jagtap, Vice- & Shri S.S.Godara

Section 10(34)Section 115JSection 143(3)Section 14A

…llant was thereafter asked by the AO as to why the unrealized loss of ₹3,67,22,220/- should not be disallowed. Although the assessee had relied on the decisions of the Hon'ble Apex Court In the case of Woodward Governor Pvt. Ltd (312 ITR 254) and ONGC vs CIT (322 ITR 180), the AO has attempted to distinguish the appellant's factual situation, without actually bringing forth the distinction. According to the AO, the case decided by the Hon'ble Apex Court was prior to the amendment made in Section 43A of the Act. In the considered opinion of the AO, such loss was nothing but notional and therefore the same was not…

Shin-Etsu Polymer India P Ltd., Sriperumbudur vs. DCIT Corporate Circle 6(1), Chennai

In the result, the appeal filed by assessee in ITA No

ITA 3090/CHNY/2018[2011-12]Status: DisposedITAT Chennai06 Oct 2020AY 2011-12

Bench: Shri Ramit Kochar & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A. No. 3090/Chny/2018 िनधा"रण वष"/Assessment Year: 2011-12 M/S. Shin-Etsu Polymers India P. Ltd., The Deputy Commissioner Of Plot No. Oz-12, Hitech Sez, Sipcot Vs. Income Tax, Industrial Growth Centre, Oragadam, Corporate Circle 6(1), Sriperumbudur – 602 105. Chennai. [Pan:Aalcs2482E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri Ar.V. Sreenivasan, Jcit सुनवाई की तारीख/ Date Of Hearing : 29.09.2020 घोषणा की तारीख /Date Of Pronouncement : 06.10.2020 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 16, Chennai Dated 24.09.2018 Relevant To The Assessment Year 2011-12. The Only Issue Involved In This Appeal Is That The Ld. Cit(A) Erred In Confirming The Disallowance Of Foreign Exchange Fluctuation Loss As Notional Loss.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri AR.V. Sreenivasan, JCIT

Section 142(1)Section 143(2)Section 143(3)Section 37(1)Section 92C

…urpose of allowability of expenditure under section 37(1) of the Act when the assessee is following mercantile system of accounting. Applying those factors, as enunciated in the above case, to the facts in the case of Oil & Natural Gas Corporation Ltd. v. CIT 322 ITR 180, as relied on by the assessee, the Hon’ble Supreme Court has held that the loss claimed by the assessee on account of fluctuation in rate of foreign exchange as on date of balance-sheet was allowable as an expenditure under section 37(1) of the Act. 5 I.T.A. No. 3090/Chny/18 5.2 However, in the present case, even though the assessee may be foll…

Steria (India) Ltd., Noida vs. Addl. CIT, Spl. Range- 8, New Delhi

In the result ITA number 5745/del/2018 for assessment year 2014 – 15

ITA 5745/DEL/2018[2014-15]Status: DisposedITAT Delhi28 Sept 2020AY 2014-15

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Sh. Anupam Kant Garg, CIT DR

Section 143Section 143(3)Section 144CSection 92C

…change difference as on the balance sheet would be an item of expenditure allowable under section 37(1) in the year of accrual. Page 33 of 95 (vi) Similar view has been taken by the Supreme Court in the decision of Oil & Natural Gas Corporation Ltd. vs. CIT: 322 ITR 180 wherein it was held that where the assessee was following the mercantile system of accounting, the loss on account of fluctuation in exchange rate is allowable revenue deduction in the year of accrual. (vii) kind attention, in this regard, is further invited to the decision of Delhi High Court in the matter of Munjal Showa Ltd. v DCIT: 382 ITR 5…

M/S Steria Ndia Ltd., Noida vs. Addl CIT, New Delhi

In the result ITA number 5745/del/2018 for assessment year 2014 – 15

ITA 741/DEL/2017[2012-13]Status: DisposedITAT Delhi28 Sept 2020AY 2012-13

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Sh. Anupam Kant Garg, CIT DR

Section 143Section 143(3)Section 144CSection 92C

…change difference as on the balance sheet would be an item of expenditure allowable under section 37(1) in the year of accrual. Page 33 of 95 (vi) Similar view has been taken by the Supreme Court in the decision of Oil & Natural Gas Corporation Ltd. vs. CIT: 322 ITR 180 wherein it was held that where the assessee was following the mercantile system of accounting, the loss on account of fluctuation in exchange rate is allowable revenue deduction in the year of accrual. (vii) kind attention, in this regard, is further invited to the decision of Delhi High Court in the matter of Munjal Showa Ltd. v DCIT: 382 ITR 5…

Steria India Ltd., Noida vs. Addl.CIT, Speciaql Range-8, New Delhi

In the result ITA number 5745/del/2018 for assessment year 2014 – 15

ITA 3992/DEL/2017[2013-14]Status: DisposedITAT Delhi28 Sept 2020AY 2013-14

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Sh. Anupam Kant Garg, CIT DR

Section 143Section 143(3)Section 144CSection 92C

…change difference as on the balance sheet would be an item of expenditure allowable under section 37(1) in the year of accrual. Page 33 of 95 (vi) Similar view has been taken by the Supreme Court in the decision of Oil & Natural Gas Corporation Ltd. vs. CIT: 322 ITR 180 wherein it was held that where the assessee was following the mercantile system of accounting, the loss on account of fluctuation in exchange rate is allowable revenue deduction in the year of accrual. (vii) kind attention, in this regard, is further invited to the decision of Delhi High Court in the matter of Munjal Showa Ltd. v DCIT: 382 ITR 5…

Sitae Re Pvt. Ltd., New Delhi vs. ITO, Ward-23(4), New Delhi

In the result, the appeal of the assessee is allowed

ITA 5743/DEL/2017[2014-15]Status: DisposedITAT Delhi14 May 2020AY 2014-15

Bench: Ms. Sushma Chowla, V.P & Shri Prashant Maharishi, Am

For Appellant: Sh.V.K.Garg, AdvocateFor Respondent: Sh.H.K.Choudhary, CIT DR

Section 143(3)Section 37(1)

…आयकर अपील"य अ"धकरण, "द"ल" "यायपीठ “जी”, नई "द"ल" म" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’, NEW DELHI सु"ी सुषमा चावला, उपा"य" एवं "ी "शांत मह"ष", लेखा सद"य के सम" BEFORE MS. SUSHMA CHOWLA, V.P & SHRI PRASHANT MAHARISHI, AM आयकर अपील सं. / ITA No.5743/Del/2017 "नधा"रण वष" / Assessment Year 2014-15 Sitae Re Pvt.Ltd., 27B, Prithviraj Road, New Delhi-110001. ..........अपीलाथ"/Appellant PAN-AACCN2500M vs The ITO, Ward-23(4), …………. ""यथ" / Respondent New Delhi. अपीलाथ" क" ओर से / Appellant by : Sh.V.K.Garg, Advocate ""यथ" क" ओर से / Respondent by : Sh.H.K.Choudhary, CIT DR सुनवाई क" तार"ख / घोषणा क" त…

Dolphin Geophysical As, New Delhi vs. CIT Central Circle-05, New Delhi

In the result, appeal of the assessee is allowed

ITA 3584/DEL/2019[2015-16]Status: DisposedITAT Delhi20 Mar 2020AY 2015-16

Bench: Shri Amit Shukla & Shri O.P. Kant

For Appellant: Shri Abhimanyu JhambaFor Respondent: Ms. Pramila M. Biswas

Section 143(3)Section 263Section 44Section 44B

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “E” NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI O.P. KANT, ACCOUNTANT MEMBER ITA. No.3584/DEL/2019 Assessment Years 2015-16 M/s. Dolphin Geophysical AS v. CIT(IT)-3, C/o-Shilpi Agrawal & Co, E-2 Block, 4th Floor, Room Chartered Accountants, 62 No.405, Pratayakshkar LGF, Pocket-2, Jasola, Bahwan, Civic Centre, New Delhi-110025 Jawahar Lal Nehru Marg, New Delhi-110002 TAN/PAN: AAECD1246J (Appellant) (Respondent) Appellant by: Shri Abhimanyu Jhamba, Ms. R.A. Thonpinao Thangal & Ms. Hemlata Ranga Respondent by: Ms. Pramila M. Biswas Date of hearing: 0…

DCIT, Central Circle - 2(1), Kolkata vs. M/S. Paharpur Cooling Towers Ltd., Kolkata

ITA 219/KOL/2018[2013-14]Status: DisposedITAT Kolkata28 Feb 2020AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L.Saini

Section 143(3)Section 144C(3)Section 14ASection 154Section 43B

…ement of outstanding foreign currency transactions is allowable as real loss or a notional loss was adjudicated by tile Supreme Court in its judgments in the cases of CIT Vs Woodward Governor India P. Ltd (312 ITR 2S4)&Oil & Natural Gas Corpn. Limited Vs CIT (322 ITR 180). In both these judgments, the Hon'ble Supreme Court took due note of AS-11, and held that any loss or gain arising from re-statement of outstanding foreign currency transactions including borrowings/payables represents actual or real loss / gain and the same does not constitute notional/contingent loss. 4. As regards the reference made by the Ld…

DCIT, Central Circle - 2(1), Kolkata vs. M/S. Paharpur Cooling Towers Ltd., Kolkata

ITA 218/KOL/2018[2012-13]Status: DisposedITAT Kolkata28 Feb 2020AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L.Saini

Section 143(3)Section 144C(3)Section 14ASection 154Section 43B

…ement of outstanding foreign currency transactions is allowable as real loss or a notional loss was adjudicated by tile Supreme Court in its judgments in the cases of CIT Vs Woodward Governor India P. Ltd (312 ITR 2S4)&Oil & Natural Gas Corpn. Limited Vs CIT (322 ITR 180). In both these judgments, the Hon'ble Supreme Court took due note of AS-11, and held that any loss or gain arising from re-statement of outstanding foreign currency transactions including borrowings/payables represents actual or real loss / gain and the same does not constitute notional/contingent loss. 4. As regards the reference made by the Ld…

DCIT, Central Circle - 2(1), Kolkata vs. M/S. Paharpur Cooling Towers Ltd., Kolkata

ITA 217/KOL/2018[2011-12]Status: DisposedITAT Kolkata28 Feb 2020AY 2011-12

Bench: Shri S.S.Godara & Dr. A.L.Saini

Section 143(3)Section 144C(3)Section 14ASection 154Section 43B

…ement of outstanding foreign currency transactions is allowable as real loss or a notional loss was adjudicated by tile Supreme Court in its judgments in the cases of CIT Vs Woodward Governor India P. Ltd (312 ITR 2S4)&Oil & Natural Gas Corpn. Limited Vs CIT (322 ITR 180). In both these judgments, the Hon'ble Supreme Court took due note of AS-11, and held that any loss or gain arising from re-statement of outstanding foreign currency transactions including borrowings/payables represents actual or real loss / gain and the same does not constitute notional/contingent loss. 4. As regards the reference made by the Ld…

ACIT, Chennai vs. M/S Teledata Informatics Ltd., Chennai

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes

ITA 2427/CHNY/2007[2003-04]Status: DisposedITAT Chennai26 Feb 2020AY 2003-04

Bench: Shri Inturi Rama Rao & Shri Duvvuru R.L.Reddy

For Appellant: Mr.R.Vijayaraghavan, AdvFor Respondent: Mrs.Vijaya Prabha, JCIT

Section 10BSection 143(3)

…आयकर अपील"य अ"धकरण, ’सी’ "यायपीठ, चे"नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI "ी इंटूर" रामा राव, लेखा सद"य एवं "ी धु"वु" आर.एल. रे"डी, "या"यक सद"य के सम" BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI DUVVURU R.L.REDDY, JUDICIAL MEMBER आयकर अपील सं./ITA No.2427/Chny/2007 "नधा रण वष /Assessment Year: 2003-04 Vs. The Asst. Commissioner- M/s.Teledata Informatics- of Income Tax, Ltd., Company Circle-III(2), 2AB Gee Gee Emerald, Chennai-600 034. 151, Village Road, Nungambakkam, Chennai-600 034. [PAN: AAACT 2976 K] (अपीलाथ#/Appellant) ($%यथ#/Respondent) Department by : Mrs.Vijaya Prab…

Maritime Vanguard Pte Ltd, Mumbai vs. ACIT (It)-3(2)(1), Mumbai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 6642/MUM/2018[2015-16]Status: DisposedITAT Mumbai20 Dec 2019AY 2015-16

Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2015-16 Maritime Vanguard Pte Ltd. Assistant Commissioner Of C/O Srbc & Associates, Llp, Vs. Income Tax (International 14Th Floor, The Ruby, 29 Taxation) Circle-3(2)(1), 16Th Senapatibapat Marg, Dadar, Floor, Room No. 1607, Air (West), Mumbai-400028. India Building Nariman Point, Mumbai-400021. Pan No. Aajcm3609F Appellant Respondent

For Appellant: Mr. M.P. Lohia, ARFor Respondent: Ms. Abha Kala Chanda, CIT-DR &

Section 143(3)Section 234BSection 271(1)(c)Section 44BSection 9(1)(vi)

…iii) the services provided by the assessee are inextricably connected with the prospecting, extraction or production of mineral oils and hence as per the ratio laid down by the Supreme Court in the case of Oil & Natural Gas Corporation Limited (‘ONGC’) (2015) 376 ITR 306 (SC), the time charter services rendered by the assessee to the Charterers in connection with Maritime Vanguard Pte Ltd. 6 prospecting, extraction or production of mineral oil would be covered u/s 44BB of the Act, (iv) since the services rendered by the assessee do not qualify as ‘royalty’/ ‘FTS’ under the Act, the same cannot be brought to tax a…

Emmsons International Ltd., Delhi vs. ACIT Circle-8(1), New Delhi

In the result, appeal of the assessee is allowed in part

ITA 4603/DEL/2019[2012-13]Status: DisposedITAT Delhi14 Oct 2019AY 2012-13

Bench: Shri K. Narasimha Chary & Shri B.R.R. Kumar

For Appellant: Sh. Suresh Kumar Gupta, CAFor Respondent: Ms Ashima Neb, Sr. DR

…therefore, the Revenue is not justified in treating the loss claimed on forward contracts as notional loss and not allowable under the provisions of income tax. He placed reliance on the decision reported in CIT vs Woodward Governor P Ltd (supra), ONGC vs CIT 322 ITR 180 (SC), Silicon Graphics Systems (India) Pvt Ltd vs DCITin ITA No.2976/Del/2013 dt: 24.08.2016, CIT vs D Chetan & Co.ITA No. 278 of 2014 dt: 01.10.2016, PCIT vs International Gold Company Ltd.,ITA No. 1827 of 2016 dt: 27.02.2019, DCIT vs HCL Comnet Ltd.,ITA No.4809/Del/2016 dt: 06.06.2019 etc. 8. Per contra, Ld. DR argued that in view of CBDT instr…