ONGC v. CIT

376 ITR 306Supreme Court of India2015#363 most cited

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.

241

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

ONGC v. CIT · Section 44BB · Section 44DA · Section 9(1)(vii) · fees for technical services · FTS · presumptive taxation · non-resident income · DTAA · permanent establishment

Also reported as

59 Taxmann.com 1

Sections most often in play

Section 44BBSection 143(3)Section 44DASection 9(1)(vii)Section 43ASection 115ASection 147Section 148

Issues it is cited on

section 44dasection 44bbsection 44dsection 44bsection 115asection 92c(2)section 42section 9(1)(vii)section 9(1)fees for technical servicessection 9(1)(vi)permanent establishment

Judgments citing ONGC v. CIT

Dy.Commissioner of Income Tax, Circle-1(1)(1), Ahmedabad vs. M/S. Adani Enterprises Ltd., Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

ITA 3480/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad12 Feb 2019AY 2009-10
Section 143(3)Section 14ASection 3

…ITA Nos.: 1840/Ahd/12, 3321/Ahd/14 and 2305/Ahd/15 and 1918/Ahd/12,3480/Ahd/ 14 and 2531/Ahd/15 Assessment years: 2008-09, 2009-10 and 2010-11 Page 1 of 43 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD D BENCH, AHMEDABAD [Coram: Pramod Kumar VP and Mahavir Prasad JM] ITA Nos.: 1840/Ahd/12, 3321/Ahd/14 and 2305/Ahd/15 Assessment years: 2008-09, 2009-10 and 2010-11 Adani Enterprise Limited ...……………………..Appellant Adani House, Navrangpura Ahmedabad 380 009 [PAN: AABCA2804L] Vs Additional Commissioner of Income Tax Range 1, Ahmedabad ……………..…........Respondent ITA Nos: 1918/Ahd/12,3480/Ahd/ 14 and 2531/Ahd/15 A…

Adani Enterprises Ltd., Ahmedabad vs. The Addl. CIT, Range-1, Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

ITA 3321/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad12 Feb 2019AY 2009-10
Section 143(3)Section 14ASection 3

…ITA Nos.: 1840/Ahd/12, 3321/Ahd/14 and 2305/Ahd/15 and 1918/Ahd/12,3480/Ahd/ 14 and 2531/Ahd/15 Assessment years: 2008-09, 2009-10 and 2010-11 Page 1 of 43 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD D BENCH, AHMEDABAD [Coram: Pramod Kumar VP and Mahavir Prasad JM] ITA Nos.: 1840/Ahd/12, 3321/Ahd/14 and 2305/Ahd/15 Assessment years: 2008-09, 2009-10 and 2010-11 Adani Enterprise Limited ...……………………..Appellant Adani House, Navrangpura Ahmedabad 380 009 [PAN: AABCA2804L] Vs Additional Commissioner of Income Tax Range 1, Ahmedabad ……………..…........Respondent ITA Nos: 1918/Ahd/12,3480/Ahd/ 14 and 2531/Ahd/15 A…

The DCIT, Circle-1, Ahmedabad vs. Adani Enterprises Ltd., Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

ITA 1918/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad12 Feb 2019AY 2008-09
Section 143(3)Section 14ASection 3

…ITA Nos.: 1840/Ahd/12, 3321/Ahd/14 and 2305/Ahd/15 and 1918/Ahd/12,3480/Ahd/ 14 and 2531/Ahd/15 Assessment years: 2008-09, 2009-10 and 2010-11 Page 1 of 43 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD D BENCH, AHMEDABAD [Coram: Pramod Kumar VP and Mahavir Prasad JM] ITA Nos.: 1840/Ahd/12, 3321/Ahd/14 and 2305/Ahd/15 Assessment years: 2008-09, 2009-10 and 2010-11 Adani Enterprise Limited ...……………………..Appellant Adani House, Navrangpura Ahmedabad 380 009 [PAN: AABCA2804L] Vs Additional Commissioner of Income Tax Range 1, Ahmedabad ……………..…........Respondent ITA Nos: 1918/Ahd/12,3480/Ahd/ 14 and 2531/Ahd/15 A…

Adani Enterprises Ltd., Ahmedabad vs. The Addl.CIT., Range-1, Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

ITA 1840/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad12 Feb 2019AY 2008-09
Section 143(3)Section 14ASection 3

…ITA Nos.: 1840/Ahd/12, 3321/Ahd/14 and 2305/Ahd/15 and 1918/Ahd/12,3480/Ahd/ 14 and 2531/Ahd/15 Assessment years: 2008-09, 2009-10 and 2010-11 Page 1 of 43 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD D BENCH, AHMEDABAD [Coram: Pramod Kumar VP and Mahavir Prasad JM] ITA Nos.: 1840/Ahd/12, 3321/Ahd/14 and 2305/Ahd/15 Assessment years: 2008-09, 2009-10 and 2010-11 Adani Enterprise Limited ...……………………..Appellant Adani House, Navrangpura Ahmedabad 380 009 [PAN: AABCA2804L] Vs Additional Commissioner of Income Tax Range 1, Ahmedabad ……………..…........Respondent ITA Nos: 1918/Ahd/12,3480/Ahd/ 14 and 2531/Ahd/15 A…

DDIT, Dehradun vs. M/S. Ongc As Representative Assessee of M/S. Cameron Singapore Pte Ltd., Singapore, Dehradun

In the result, the appeal filed by the revenue is dismissed

ITA 6169/DEL/2014[2010-11]Status: DisposedITAT Delhi11 Feb 2019AY 2010-11

Bench: Smt. Diva Singh & Sh. R.K Pandaassessment Year: 2010-11 Ddit Ongc As Representative International Taxation Vs Assessee Of M/S. Cameron Aayakar Bhawan, 13A- Singapore Pte. Ltd. Co., Tel Subhash Road, Dehradun – Bhawan, Dehradun 248001 (Appellant) (Respondent)

Section 143Section 44BSection 9Section 9(1)(vii)

…allenging the impugned order relied upon the order passed by the AO. However, on the other hand, the ld. AR for the assessee by relying upon the law laid down by Hon’ble Supreme Court in judgment cited as Oil & Natural Gas Corporation Ltd. vs. CIT - (2015) 376 ITR 306 (SC) contended the issue in controversy is squarely covered. 8. Undisputedly, the non-resident assessee/foreign company was engaged by Oil & Natural Gas Corporation Ltd. vide contract dated 20.12.2007 to deploy expert to help establish the supply chain for 10 Blow Out Preventers (BOPs), (ii) train ONGC shop labour for dis-assembly and cleanin…

Ongc As Representative Assessee of International Human Resources Dev.Corp., Dehradun vs. Deputy Director of Income-Tax, Dehradun

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

ITA 2486/DEL/2016[2010-11]Status: DisposedITAT Delhi22 Jan 2019AY 2010-11

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2010-11 Ongc As Representative Assessee Of Vs Deputy Director Of Income- International Human Resources Dev. Tax, International Taxation, Corporation, Circle-2, Aayakar Bhawan, Dgm-Head Corp. Tax, Ongc Ltd., 13A, Subhash Road, Room No.244, Old Secretariat Dehradun. Building, Tel Bhawan, Dehradun. Pan: Aaaco1598A

For Appellant: Shri Mohd. Farid, CAFor Respondent: Shri Amit Katoch, Sr. DR
Section 2Section 44BSection 9(1)(vi)

…proceedings that the receipts were not taxable in India, submitted that the receipts of the assessee could be taxable u/s 44B of the Act in view of the decision of the Hon'ble Supreme Court in the light of the decision of the Hon'ble Supreme Court reported in 376 ITR 306. However, the ld.CIT(A) was also not satisfied with the arguments advanced by the assessee and held that the receipts of International Human Resources Development Corporation, USA are taxable as royalty. He also rejected the alternative contention of the assessee that the receipts are taxable u/s 44B of the Act. 5. Aggrieved with such order of…

Deputy Commissioner of Income-Tax, New Delhi vs. Pgs Geophysical As, Gurgaon

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

ITA 1401/DEL/2015[2010-11]Status: DisposedITAT Delhi15 Jan 2019AY 2010-11

Bench: Shri K.N. Chary & Shri Anadee Nath Misshra

For Appellant: Shri Amit Bablani, CA and Shri Sahil Gupta, CAFor Respondent: Shri G.K. Dhall, CIT(DR)
Section 115ASection 143(3)Section 144C(13)Section 44BSection 44DSection 9

…hand High Court in case of CIT vs ONGC as an agent of M/s Foramer France (2005) (299 ITR 438) (Uttarakhand HC) relied on by the Revenue Authorities in ground of appeal no 2 has been overruled by the Hon'ble Supreme Court of India in case of ONGC vs CIT [2015] 376 ITR 306 (SC) (copy of the decision is enclosed on pages 1-23 of the paperbook). The Supreme Court held that where the pith and substance of each of the contracts/agreements is inextricably connected with prospecting, extraction or production of mineral oils, the income from such contracts would be taxable under the provisions of section 44BB of the Act.…

Ongc As Representative Assessee of National Mining Research Centre, Russia, Dehradun vs. ADIT, Dehradun

In the result, whereas assessee’s appeals in ITA Nos

ITA 441/DEL/2012[2008-09]Status: DisposedITAT Delhi11 Jan 2019AY 2008-09

Bench: Shri G.D. Agarwal & Shri K.Narasimha Charyassessment Year: 2007-08

Section 115ASection 44Section 44BSection 9(1)(vii)

…at the impugned payments are in the nature of FTS within the meaning of section 9(1)(vii) of the Act and consequently, not taxable under section 44BB of the Act, has clearly been covered by the decision of the Hon’ble Apex court in the case of ONGC vs. C.I.T. 376 ITR 306, wherein it has been held that the services rendered in relation to prospecting, extraction or production of mineral oil fall within the meaning of mining, which is excluded from the purview of FTS under proviso to Explanation 2 to section 9(1)(vii) of the Act and discovered within the scope of presumptive taxation under section 44BB of the Act.…

ADIT, Dehradun vs. M/S. Oil & Natural Gas Corporation Ltd., Dehradun

In the result, whereas assessee’s appeals in ITA Nos

ITA 4982/DEL/2011[2006-07]Status: DisposedITAT Delhi11 Jan 2019AY 2006-07

Bench: Shri G.D. Agarwal & Shri K.Narasimha Charyassessment Year: 2007-08

Section 115ASection 44Section 44BSection 9(1)(vii)

…at the impugned payments are in the nature of FTS within the meaning of section 9(1)(vii) of the Act and consequently, not taxable under section 44BB of the Act, has clearly been covered by the decision of the Hon’ble Apex court in the case of ONGC vs. C.I.T. 376 ITR 306, wherein it has been held that the services rendered in relation to prospecting, extraction or production of mineral oil fall within the meaning of mining, which is excluded from the purview of FTS under proviso to Explanation 2 to section 9(1)(vii) of the Act and discovered within the scope of presumptive taxation under section 44BB of the Act.…

DCIT, New Delhi vs. M/S. Technip Uk Ltd., Mumbai

In the result, the cross objection is allowed

ITA 1116/DEL/2014[2010-11]Status: DisposedITAT Delhi17 Dec 2018AY 2010-11

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[Assessment Year: 2010-11]

For Appellant: Shri Ajay Vohra, AdvFor Respondent: Shri G. K. Dhall, CIT-DR
Section 44BSection 44DSection 9

…4D Income-tax Act, 1961. "(emphasis supplied).” Accordingly, such services would be outside the purview of “fees for technical services” under section 9(I)(vii) of the Act.” 14. The Supreme Court in the case of Oil and Natural Gas Corporation Limited vs. CIT 376 ITR 306 held as under: “13. The Income Tax Act does not define the expressions "mines" or "minerals". The said expressions are found defined and explained in the Mines Act, 1952 and the Oil Fields (Development and Regulation) Act 1948. While construing the somewhat pari materia expressions appearing in the Mines and Minerals (Development and Regulation)…

The ACIT, 5(1), Indore vs. M/S. Symbiotic Pharmalab Ltd., Indore

In the result, the appeal of the Revenue stands dismissed

ITA 373/IND/2016[2009-10]Status: DisposedITAT Indore10 Dec 2018AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2009-10 Acit 5(1), M/S. Symbiotic Indore बनाम/ Pharmalab Ltd. 385, Vs. Pigdamber, Rau, Indore (Revenue) (Respondent) Pan: Aagcs9311 Revenue By Shri Ashima Gupta, Cit- Dr Respondent By Shri Ajay Tulsiyan & Kapil Shah, Cas Date Of Hearing: 29.11.2018 Date Of Pronouncement: 10.12.2018 आदेश / O R D E R Per Manish Borad, A.M: This Appeal Of Revenue Pertaining To A.Y. 2009-10 Is Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)-Ii, Indore, (In Short ‘Cit(A)’), Dated 31.12.2015 Which Is Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961(Hereinafter Called As The ‘Act’) Framed On M/S. Symboitic Pharmalab Ltd. Itano.373/Ind/2016 05.12.2011 By Acit, 5(1) Indore. The Revenue Has Raised Following Grounds Of Appeal: “1. Whether The Ld. Cit(A) Has Erred In Law & On Facts In Restricting The Addition Of Rs. 2,60,50,027/- To Rs.3,74,195/- & Addition Made By The Ao 'After Disallowing U/S 35(2Ab) Deleted To The Extent Of Rs. 2,56,75,832/- On Account Of R&D Expenditure Without Appreciating The Fact That The Assessing Officer Had Pointed Out That Disr Has Not Issue Report In Form 3Cl To Dgit Exemption & Even When No Satisfactory Clarification Was Given By The Assessee To The Ao.” “2.Whether The Ld. Cit(A) Has Erred In Law & On Facts In Deleting The Disallowance Of Rs. 9,97,920/- Made By The Ao On Account Of Foreign Exchange Loss Without Appreciating The Fact That The Assessing Officer Had Pointed Out That The Loss Claimed By The Assessee In The Year Of Fluctuation In The Rate Of Exchange Or The Same Is Allowable Only In The Year' Of Repayment Of Such Loans.”

Section 143(2)Section 143(3)Section 14ASection 35

…alab Ltd. ITANo.373/Ind/2016 7. As regards the notional disallowance of foreign exchange loss, Ld. AR of the assessee submitted that the assessee has duly followed the judgment of Hon'ble Apex Court in the case of Oil & Natural Gas Corpn. Ltd. vs. CIT (2010) 322 ITR 180 wherein it has been held “that assessee maintained accounts on mercantile system of accounting, loss claimed by the assessee on account of fluctuation in the rate of foreign exchange as on the date of balance sheet in respect of loans taken for revenue purposes is allowable as expenditure u/s 37(1), notwithstanding the fact that the liability has…

DCIT, New Delhi vs. M/S Jsl Ltd., Hisar

Accordingly, ground number 2 of the appeal of the learned AO for 2007 – 08 is dismissed

ITA 4110/DEL/2013[2007-08]Status: DisposedITAT Delhi19 Nov 2018AY 2007-08

Bench: Smt Diva Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Kumar Parnav, Sr. DR
Section 92CSection 92C(2)

…ofit and loss account the learned Dispute Resolution Panel directed the assessing officer not to make the adjustment on account of exchange fluctuation as it is covered by the decision of honourable Supreme Court in case of oil and natural Gas Corporation Ltd 322 ITR 180 where the honourable Supreme Court has observed that it is permissible to adjust the actual cost of imported assets acquired in foreign currency on account of fluctuation in the rate of foreign exchange at each balance sheet date pending actual payment of the liability. With respect to the disallowance of the credit of tax deduction at source cla…

Jindal Stainless Ltd., Hisar vs. DCIT, New Delhi

Accordingly, ground number 2 of the appeal of the learned AO for 2007 – 08 is dismissed

ITA 6337/DEL/2012[2008-09]Status: DisposedITAT Delhi19 Nov 2018AY 2008-09

Bench: Smt Diva Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Kumar Parnav, Sr. DR
Section 92CSection 92C(2)

…ofit and loss account the learned Dispute Resolution Panel directed the assessing officer not to make the adjustment on account of exchange fluctuation as it is covered by the decision of honourable Supreme Court in case of oil and natural Gas Corporation Ltd 322 ITR 180 where the honourable Supreme Court has observed that it is permissible to adjust the actual cost of imported assets acquired in foreign currency on account of fluctuation in the rate of foreign exchange at each balance sheet date pending actual payment of the liability. With respect to the disallowance of the credit of tax deduction at source cla…

ADIT, Dehradun vs. M/S. Midland Valley Exploration Ltd., Gurgaon

In the result, the appeal of the department is dismissed

ITA 31/DEL/2012[2006-07]Status: DisposedITAT Delhi31 Oct 2018AY 2006-07

Bench: Sh. N. K. Saini, Hon’Ble & Sh. K. N. Charyita No. 31/Del/2012 : Asstt. Year : 2006-2007 Asstt. Director Of Income Tax, Vs Midland Valley Exploration Ltd., Uk, International Taxation, C/O S.R. Batliboi & Co., Golf View, Dehradun Corporate Tower ‘B’, Sector-42, Sector Road, Gurgaon-122002 (Appellant) (Respondent) Pan No. Aaecm8477A Assessee By : Sh. Abhmanyu Jhamba, Adv. & Ms. Hemlata Ranga, Adv. Revenue By : Ms. Ashima Neb, Sr. Dr Date Of Hearing : 18.10.2018 Date Of Pronouncement : 31.10.2018 Order Per N. K. Saini: This Is An Appeal By The Department Against The Order Dated 03.10.2011 Of Ld. Cit(A)-Ii, Dehradun.

For Appellant: Sh. Abhmanyu Jhamba, Adv. &For Respondent: Ms. Ashima Neb, Sr. DR
Section 115ASection 44BSection 44DSection 9(1)(vi)

…Energy Pty. Ltd. reported at (2018) 92 Taxmann.com 77 (copy of the said order was furnished which is placed on record). It was also stated that in the aforesaid referred to case, the judgment of the Hon’ble Supreme Court in the case of ONGC Vs CIT reported at 376 ITR 306 was 5. In her rival submissions, the ld. Sr. DR although supported the order of the AO but could not controvert the aforesaid contention of the ld. Counsel for the assessee. 6. After considering the submissions of both the parties and the material on record, it is noticed that the ld. CIT(A) while deciding the issue in favour of the assessee obs…

Asst CIT (Ltu) 2, Mumbai vs. Reliance Industries Ltd, Mumbai

ITA 1547/MUM/2016[2010-11]Status: DisposedITAT Mumbai28 Sept 2018AY 2010-11

Bench: S/Shri B.R.Baskaran (Am) & Amarjit Singh (Jm)

Section 43B

…inate bench in ITA No.7223/Mum/2011 relating to AY 2008-09. We notice that the co-ordinate bench has followed the decision rendered by Hon’ble Supreme Court in the case of Woodward Governor India (P) Ltd (312 ITR 254) and also in the case of ONGC Ltd vs. CIT (322 ITR 180), wherein it was held that the loss arising on revaluation of foreign exchange on revenue account is allowable as deduction u/s 37(1) of the Act. In the instant case, there is no dispute that the revaluation loss claimed by the assessee related to the revenue items only. Accordingly we are of the view that the order passed by Ld CIT(A) on this is…

Atomstroyexport, Russia, Mumbai vs. DCIT (It) RG 1(1)(2), Mumbai

In the result, both the appeals of the assessee are allowed

ITA 6945/MUM/2017[2014-15]Status: DisposedITAT Mumbai17 Sept 2018AY 2014-15

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2014-15 Assessment Year: 2012-13

For Appellant: Shri Nitesh Joshi, A.RFor Respondent: Shri Samuel Darse, D.R
Section 143(3)Section 147Section 44B

…ying on DRP's order of the earlier year in applying the ratio of the Hon'ble Madras High Court in the case of Ansaldo Energia Spa vs. Income Tax Officer (310 ITR 237) and Authority for Advance Rulings in the case of Alstom Transport SA (349 ITR 292) and ONGC (376 ITR 306) in appellant company's case without appreciating that the appellant company's case is distinguishable on facts. Relief Claimed Your appellant prays that: 1. The amount received under the offshore supply contracts is not taxable in India. The appellant craves leave to amend or alter any of the above grounds or add a new ground, if and when nece…

Production Testing Services Inc, Mumbai vs. DCIT (It) 3(3)(2), Mumbai

In the result, appeal of the assessee is allowed

ITA 2306/MUM/2017[2013-14]Status: DisposedITAT Mumbai17 Sept 2018AY 2013-14

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2013-14

For Appellant: Ms. Mallika Devendra, A.RFor Respondent: Shri Samuel Darse, D.R
Section 115ASection 44B

…were indirectly received from ONGC. We thus set aside the aforesaid observations of the A.O/DRP and hold that the amount under consideration was 10. We further find that pursuant to the judgment of the Hon'ble Supreme Court in the case of ONGC Vs. CIT (2015) 376 ITR 306 (SC), it stands settled as on date that prospecting for extraction or production of mineral oil is not to be treated as technical services for the purpose of Explanation 2 of Sec. 9(1)(vii), and would rather be covered by Sec. 44BB of the 'Act'. We are of the considered view that after the aforesaid judgment of the Hon'ble Supreme Court, the issu…

DCIT, Cir-12(1), Kolkata vs. M/S. Hindustan Gum & Chemicals Ltd., Kolkata

Appeal is dismissed

ITA 891/KOL/2017[2012-13]Status: DisposedITAT Kolkata31 May 2018AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13

Section 143(3)

…such loss. This issue with regard to allowability of market-to- market loss arising out of restatement of foreign exchange liabilities has been decided by the Apex Court in the case of CUIT vs. Woodward Governor India (P) Ltd (312 ITR 154) and ONGC vs. CUIT (322 ITR 180). In these decisions the Apex Court has held that the loss incurred on restatement of foreign currency liabilities in conformity with exchange rate prevailing on the balance sheet date is not a contingent liability but defined and ascertained liability and therefore the loss incurred on restatement is liable to be allowed in the case of an assess…

DCIT, Dehradun vs. M/S. Weatherford Oil Tools Me Ltd., Mumbai

In the result appeal filed by revenue stands dismissed

ITA 6586/DEL/2014[2011-12]Status: DisposedITAT Delhi31 May 2018AY 2011-12

Bench: Shri Rs Syal & Smt. Beena A Pillaia.Y. 2011-12 Dcit, Circle 1 Weatherford Oil Tools Me International Taxation Vs. Ltd. Ayakar Bhawan 941, Building No.9 13-A, Subhash Road Solitaire Corporate Park Dehradun 167, Guru Hargovindji Marg Andheri East Mumbai Pan: Aaacw 1524 G (Appellant) (Respondent)

Section 142Section 143Section 44Section 44ASection 44BSection 9(1)(vii)

…ion 44BB of the Act. He further submitted that the appeal preferred by the revenue against the said order was dismissed by the Hon'ble Uttarakhand High Court. At the very threshold, he further submitted that the Hon'ble Apex Court in the case of ONGC vs. CIT. 376 ITR 306 held that the services in connection with exploration and production of mineral oil shall fall within the purview of S.44 BB and outside the purview of fees for technical services as defined in Section 9(1)(vii) of the Act. He also brought it to our notice that in the assessment order for the Asstt. Year 2014-15, learned AO had accepted the taxab…

M/S Karnataka Vidyuth Kharkane Ltd vs. DCIT

In the result, the appeal filed by the assessee is dismissed

ITA 1581/BANG/2013[2010-11]Status: DisposedITAT Bangalore11 Apr 2018AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Arun Kumar Garodiaassessment Year :2010-11

For Appellant: Smt. Sheetal Borkar, AdvocateFor Respondent: Shri B.R. Ramesh, JCIT (DR)
Section 234BSection 37

…diture in future is not expeditiously for income tax purposes. (iv) The appellant placed reliance on the case laws in support of its claim as below :- (a) M/s Bharat Earth Movers Vs CIT (2000) 245 ITR 428 (SC) (b) OIL & Natural Gas Corpn. Ltd. Vs. CIT (2010) 322 ITR 180(SC) (c) CIT Vs Dinesh Kumar Goel (2011) 331 ITR 10 (Delhi) (d) CIT Vs Triveni Engg. & Industries Ltd (2011) 336 ITR 374 (Delhi) (e) CIT Vs. Ansal Properties & Industries Ltd.(2013 352 ITR 637 (Delhi) (f) Prakash Leasing Ltd Vs. Dy. CIT (2012) Contents of the decisions are discussed in succeeding para. 8.0 The facts narrated above it is implicit…