Sedco Forex International Inc. v. CIT

399 ITR 1Supreme Court of India2017#4107 most cited

What is Sedco Forex International Inc. v. CIT authority for?

Section 44BB, which provides for presumptive taxation of profits and gains of business in the case of exploration of mineral oils, does not override the provisions of Sections 5, 9, or 90 of the Income-tax Act, 1961. For business profits to be taxed in India, the existence of a Permanent Establishment (PE) in India must be established by the Revenue.

29

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Also referred to as

Sedco Forex International Inc. v. CIT · Section 44BB · Section 5 · Section 9 · Section 90 · Permanent Establishment · PE · presumptive taxation · business profits · exploration of mineral oils

Also reported as

87 Taxmann.com 29251 Taxmann 459

Sections most often in play

Section 143(3)Section 144C(13)Section 44BBSection 115ASection 234BSection 270ASection 28Section 41

Issues it is cited on

section 293section 44dasection 44dsection 44bbsection 44bsection 209(1)section 42section 72section 115asection 44aapenalty under section 270aunabsorbed depreciation

Judgments citing Sedco Forex International Inc. v. CIT

ABAN OFFSHORE LIMITED,CHENNAI vs. DCIT, INTL, TAX 1(1), CHENNAI

ITA 1240/CHNY/2024[2014-15]Status: DisposedITAT Chennai28 Apr 2025AY 2014-15

Bench: Shri Aby T.Varkey, Hon'Ble & Shri S.R. Raghunatha, Hon'Bleआयकर अपीलसं./Ita Nos.: 1240/Chny/2024 निर्धारण वर्ष / Assessment Year: 2014-15 Aban Offshore Limited, 113, Janpriya Crest, Pantheon Road, Egmore, Chennai - 600 008. Pan: Aaaca 3012H (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By The Deputy Commissioner Of Income Tax, Vs. International Taxation 1(1), Chennai. (प्रत्यर्थी/Respondent) : Shri P. Murali Mohan Rao, Ca (Through Virtual Mode) : Ms. R. Anita, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 19.02.2025 घोषणा की तारीख/Date Of Pronouncement : 28.04.2025 आदेश /O R Der Per S. R. Raghunatha: This Appeal By The Assessee Is Filed Against The Order Of The Commissioner Of Income Tax (Appeals), Chennai-16, Dated 13.03.2024 For The Assessment Year 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1. The Ld. Cit(A) Erred In Not Considering The Fact That The Order Passed U/S.250 Of The Income Tax Act, 1961, Dated 13.03.2024 Is Erroneous Both On Facts & In Law To The Extent The Order Is Prejudicial To The Interest Of The Appellant :-2-:

Section 115ASection 195(2)Section 250Section 44BSection 9(1)Section 9(1)(vi)Section 90

…आयकर अपीलीय अधिकरण, 'सी' न्यायपीठ, चेन्नई IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH, CHENNAI श्री एबी टी. वर्की, न्यायिक सदस्य एवं श्री एस.आर. रघुनाथा, लेखा सदस्य के समक्ष BEFORE SHRI ABY T.VARKEY, HON'BLE JUDICIAL MEMBER AND SHRI S.R. RAGHUNATHA, HON'BLE ACCOUNTANT MEMBER आयकर अपीलसं./ITA Nos.: 1240/Chny/2024 निर्धारण वर्ष / Assessment Year: 2014-15 Aban Offshore Limited, 113, Janpriya Crest, Pantheon Road, Egmore, Chennai - 600 008. PAN: AAACA 3012H (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant by प्रत्यर्थी की ओर से/Respondent by The Deputy Commissioner of Income Tax, Vs. International Taxation 1(1),…

OCEANEERING INTERNATIONAL GMBH,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (IT) 3(2)(2), AIR INDIA BUILDING, MUMBAI

In the result, ground no. 2 of the assessee's appeal is allowed

ITA 4670/MUM/2023[AY 2021-22]Status: DisposedITAT Mumbai21 Mar 2025

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI VIKRAM SINGH YADAV (Accountant Member)

Section 143(2)Section 143(3)Section 153Section 234ASection 234BSection 234CSection 274Section 44B

…{ "clean_text": "IN THE INCOME TAX APPELLATE TRIBUNAL, 'I' BENCH MUMBAI\nBEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER\nITA No. 4670/MUM/2023\n(Assessment Year : 2021–22)\nOceaneering International GMBH Vs. Deputy Commissioner of Income-tax (International Taxation), Range-3(2)(2), Mumbai.\n302, Delphi, C Wing,\nHiranandani Business Park,\nOrchard Avenue,\nPowai,\nMumbai-400076.\nPAN/GIR No. AAACO6496K\n(Appellant) .. (Respondent)\nAssessee by Shri. Abdul Kadir Jawadwala\nRevenue by Shri. Krishna Kumar, Sr. DR\nDate of Hearing 10/03/2025\nDate of Pronouncement 21/03/2025\…

KREUZ CHALLENGER PTE LTD,SINGAPURE vs. ACIT, INTERNATIONAL TAXATION CIRCLE2(1)(2), NEW DELHI

The appeal of the assessee is allowed

ITA 2373/DEL/2022[2019-20]Status: DisposedITAT Delhi09 Dec 2024AY 2019-20

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaassessment Year: 2019-20 Kreuz Challenger Pte Ltd., Vs Acit, 2, Venture Drive, International Taxation #24-01 Vision Exchange, Circle 2(1)(2), Singapore , 999999 New Delhi. Pan : Aahck3082A

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Ms C. Chandra Kanta, CIT-DR
Section 115ASection 143(3)Section 144C(13)Section 197Section 44BSection 44DSection 9(1)(vi)Section 9(1)(vii)Section 90(2)

…ides a presumptive taxation rate for computation of profits but does not override provision of sections 5, 9 or section 90 of the Income-tax Act, 1961. Case law referred by the ld. Counsel for the assessee in this regard i.e. Sedco Forex International vs. CIT 399 ITR 1 (SC) fully supports this proposition. In this regard, Hon’ble Supreme Court had expounded that sections 4, 5 & 9 are to be kept in mind, where assessment is done u/s 44BB. It is settled proposition that unless Revenue is able to prove that the assessee has a PE in India, its business profits cannot be subject to tax in India. This view is supported…

SERVICOS DE PETROLEO CONSTELLATION SA ,MUMBAI vs. DCIT (INTERNATIONAL TAXATION), CIRCLE-4(2)(1), MUMBAI

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

ITA 4815/MUM/2023[2021-22]Status: DisposedITAT Mumbai09 Sept 2024AY 2021-22

Bench: Ms. Kavitha Rajagopal, Jm & Smt Renu Jauhri, Am Servicos De Petroleo Constellation Sa Dcit(International Taxation), India Project Office: Circle-4(2)(1) Unit No. 1803 To 1808, 18Th Floor, Mumbai B-Wing, Business Park, Vs. Veer Savarkar Road, Part Site, Vikhroli (W), Mumbai-400 079

For Appellant: ShriPrashant ShahFor Respondent: Smt. Shaileja Rai &
Section 143(2)Section 143(3)Section 144C(1)Section 44B

…IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE MS. KAVITHA RAJAGOPAL, JM AND SMT RENU JAUHRI, AM Servicos De Petroleo Constellation SA DCIT(International Taxation), India Project Office: Circle-4(2)(1) Unit No. 1803 to 1808, 18th Floor, Mumbai B-Wing, Business Park, Vs. Veer Savarkar Road, Part Site, Vikhroli (W), Mumbai-400 079 PAN/GIR No.AAACQ 4753 H (Assessee) : (Respondent) Assessee by : ShriPrashant Shah Respondent by : Smt. Shaileja Rai & Shri Anil Sant Date of Hearing : 12.06.2024 Date of Pronouncement : 09.09.2024 O R D E R Per Kavitha Rajagopal, J M: This appeal has been filed by th…

COMPUTER MODELLING GROUP LIMITED,CANADA vs. ACIT INTERNATIONAL TAXATION CIRCLE 1(2)(1), NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

ITA 2091/DEL/2023[2020-21]Status: DisposedITAT Delhi03 May 2024AY 2020-21

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

…of business. The section provides a presumptive taxation rate for computation of profits but also does not override provisions of sections 5, 9 or section 90 of the Act. He referred to the decision of Hon'ble Supreme Court in Sedco Forex International vs. CIT 399 ITR 1 (SC). 7.1 The Ld. AR submitted that there is no finding or allegation of a Permanent Establishment (PE) of the assessee in India and the assessment order does not make any reference to the aspect of PE at all despite the assessee claiming no PE status. Even otherwise, in any case, the Hon'ble Supreme Court in ADIT vs. E-Funds (2018) 13 SCC 294 hel…

COMPUTER MODELLING GROUP LIMITED,CANADA vs. DCIT CIRCLE INTERNATIONAL TAXATION 1(2)(1), NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

ITA 2090/DEL/2023[2012-13]Status: DisposedITAT Delhi03 May 2024AY 2012-13

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

…of business. The section provides a presumptive taxation rate for computation of profits but also does not override provisions of sections 5, 9 or section 90 of the Act. He referred to the decision of Hon'ble Supreme Court in Sedco Forex International vs. CIT 399 ITR 1 (SC). 7.1 The Ld. AR submitted that there is no finding or allegation of a Permanent Establishment (PE) of the assessee in India and the assessment order does not make any reference to the aspect of PE at all despite the assessee claiming no PE status. Even otherwise, in any case, the Hon'ble Supreme Court in ADIT vs. E-Funds (2018) 13 SCC 294 hel…

COMPUTER MODELLING GROUP LIMITED,CANADA vs. ACIT, CIRCLE-1(2)(1), INT. TAXATION, NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

ITA 2305/DEL/2022[2019-20]Status: DisposedITAT Delhi03 May 2024AY 2019-20

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

…of business. The section provides a presumptive taxation rate for computation of profits but also does not override provisions of sections 5, 9 or section 90 of the Act. He referred to the decision of Hon'ble Supreme Court in Sedco Forex International vs. CIT 399 ITR 1 (SC). 7.1 The Ld. AR submitted that there is no finding or allegation of a Permanent Establishment (PE) of the assessee in India and the assessment order does not make any reference to the aspect of PE at all despite the assessee claiming no PE status. Even otherwise, in any case, the Hon'ble Supreme Court in ADIT vs. E-Funds (2018) 13 SCC 294 hel…

B Y K ASIA PACIFIC PRIVATE LIMITED, INDIA BRANCH,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX(INTERNATIONAL TAXATION), CIRCLE-1, PUNE

In the result, the appeal of assessee is dismissed

ITA 207/PUN/2023[2016-17]Status: DisposedITAT Pune23 Jan 2024AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri G.D. Padmahshali

For Appellant: Shri Ketan VedFor Respondent: Shri H. Ananda
Section 143(3)Section 195Section 40Section 44B

…in the payment, unlike the other expenses as discussed above, the ld. AR could not lead any evidence to demonstrate that the allocation of IT expenses to the Indian BO was without any markup in the given facts. In Sedco Forex International Inc VS. CIT (2017) 399 ITR 1 (SC), the assessee entered into contract with ONGC for hire of their rig for carrying out oil exploration activities in India, for which it was paid mobilization fee. The AO included such amount for computation of deemed profits u/s 44BB. The assessee, inter alia, contended before the Hon’ble Supreme Court that the receipt was in the nature of reim…

BAKER HUGHES ENERGY TECHNOLOGIES UK LIMITED,UNITED KINGDOM vs. ACIT, CIRCLE-1(1)(2), INT. TAXATION, NEW DELHI

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

ITA 521/DEL/2023[2020-21]Status: DisposedITAT Delhi06 Jun 2023AY 2020-21
For Appellant: Shri Sachit Jolly, AdvocateFor Respondent: Shri Vijay Vasanta, CIT DR
Section 448Section 44B

…s shall be deemed to be the profits and gains of business. The section provides a presumptive taxation rate for computation of profits but does not override provision of Section 5, 9, or section 90 of the Income Tax Act. (See Sedco Forex International vs. CIT 399 ITR 1 (SC), at paras 16, 17 at pgs 15-16 of attached compilation and para 38 at pgs. 27-28 of attached compilation) [Attached] 8. Reliance in this regard is also placed on the decision of the coordinate bench of the Tribunal in R&B Falcon Offshore Ltd. vs. ACIT, ITA No.389(Del)/2005, Order dated 10.09.2010, Para 11 at page 66 of attached compilation, wh…

ACIT(IT), CIRCLE - 1(1) , KOLKATA vs. M/S. CATHAY PACIFIC AIRWAYS LIMITED , KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 2468/KOL/2018[2015-16]Status: DisposedITAT Kolkata06 Sept 2022AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalassessment Year: 2015-16 Assistant Commissioner Of M/S. Cathay Pacific Airways Income Tax (It), Circle-1(1), Limited Kolkata. C/O Pricewaterhouse-Coopers Vs. Ltd., Plot Y-14, Block-Ep, Sector-V, Salt Lake, Kolkata- 700091. (Pan: Aabcc5644E) (Appellant) (Respondent) Present For: Appellant By : Shri Amal Kamat, Cit, Dr Respondent By : Shri J. P. Khaitan, Sr. Advocate & Shri Pratyush Jhunjhunwala, Advocate

For Appellant: Shri Amal Kamat, CIT, DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Pratyush
Section 143(3)Section 44B

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA आयकर अपीलीय अधीकरण, "यायपीठ – “C” कोलकाता, BEFORE SHRI SONJOY SARMA, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER Assessment Year: 2015-16 Assistant Commissioner of M/s. Cathay Pacific airways Income Tax (IT), Circle-1(1), Limited Kolkata. C/o Pricewaterhouse-Coopers Vs. Ltd., Plot Y-14, Block-EP, Sector-V, Salt Lake, Kolkata- 700091. (PAN: AABCC5644E) (Appellant) (Respondent) Present for: Appellant by : Shri Amal Kamat, CIT, DR Respondent by : Shri J. P. Khaitan, Sr. Advocate & Shri Pratyush Jhunjhunwala, Advocate Date of Hearing : 21.06.202…

SCHLUMBERGER ASIA SERVICES LTD.,GURGAON vs. DDIT, DEHRADUN

In the result, the appeal filed by the Revenue is dismissed and the appeal filed by the assessee is partly allowed

ITA 6437/DEL/2014[2011-12]Status: DisposedITAT Dehradun05 May 2022AY 2011-12

Bench: Shri R.K. Panda & Shri C.N. Prasad[Assessment Year: 2011-12] Schlumberger Asia Services Deputy Director Of Income Tax Limited, (International Taxation), 14Th Floor, Tower C, Building Dehradun No.1, Dlf City, Phase Ii, Gurgaon-122002 Pan-Aadcs1107J Assessee Revenue [Assessment Year: 2011-12] Deputy Director Of Income Tax Schlumberger Asia Services (International Taxation), Limited, Dehradun 14Th Floor, Tower C, Building No.1, Dlf City, Phase Ii, Gurgaon-122002 Pan- Aadcs1107J Revenue Assessee Assessee By Sh. Salil Kapoor, Adv. Ms. Ananya Kappor & Ms. Soumya Singh, Adv. Revenue By Sh. T.S.Mapwal, Sr.Dr

Section 143(3)Section 44BSection 44DSection 9

…r which the assessee did not offer the same to tax. So far as the reimbursement on account of equipment lost in hole amounting to Rs 27,87,39,161 is concerned, we find, the Hon’ble Supreme Court in the case of Sedco Forex International Inc vs CIT, reported in 399 ITR 1 has held that reimbursement of cost of tools lost in hole shall not be taxed under section 44BB of the Act. We find the coordinate Bench of the Tribunal in assessee’s own case, vide ITA No.79/Del/2017, order dated 01.07.2021 for AY 2012-13, has held that reimbursement of amount towards loss of equipment shall not be taxed under section 44BB of the…

DEEPWATER PACIFIC 1 INC.,NOIDA vs. DCIT, CIRCLE- 1, INTL. TAXATION, DEHRADUN

In the result, appeal of the revenue is allowed

ITA 4286/DEL/2017[2014-15]Status: DisposedITAT Dehradun11 Nov 2021AY 2014-15

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

For Appellant: Shri Amit Arora, AdvFor Respondent: Sh. Narendra Singh Jangpangi, CIT- DR
Section 44BSection 6

…IN THE INCOME TAX APPELLATE TRIBUNAL (DEHRADUN BENCH, NEW DELHI) (Through Video Conferencing) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER and Dr. B.R.R. KUMAR , ACCOUNTANT MEMBER ITA No. 4286/Del./2017, A.Y. : 2014-15 Deepwater Pacific 1 Inc. Vs DCIT, Noida Circle-1, INTL. Taxation, Dehradun (APPELLANT) (RESPONDENT) (PAN : AADCD1582A) Assessee by : Shri Amit Arora, Adv. Revenue by : Sh. Narendra Singh Jangpangi, CIT- DR Date of Hearing: 08.11.2021 Date of Pronouncement: 11.11.2021 O R D E R PER B.R.R.KUMAR, ACCOUNTANT MEMBER : This appeal has been filed by the assessee against the order of the ld. CIT(A)-…

M/S. KIRI DYES AND CHEMICALS LTD.,,AHMEDABAD vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2),, AHMEDABAD

ITA 1849/AHD/2016[2003-04]Status: DisposedITAT Ahmedabad30 Jul 2021AY 2003-04

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed

For Appellant: Shri T.P. Hemani, Sr. Advocate with Shri Parimal Sinh Parmar, A.RFor Respondent: Shri Mohd Usman, C.I.T.D.R with Shri Raj Deep Singh, Sr.D.R
Section 10BSection 143(3)Section 234ASection 80I

…ns of law. The learned AR in support of his claim relied on the judgments: I. Department of Elementary Education vs. Pramod Kumar Sahoo (2019) 10 SCC 674 II. Central Council for Research in Ayurveda vs. DK Santha Kumari (2001) 5 SCC 60 III. DCIT vs. KS Suresh 399 ITR 1(Mad) IV. Krishna B Aggarwal vs. ITO in ITA No 2176/Ahd/2012 10. However the learned DR submitted that the assessee has fairly conceded before the ITAT that it is not eligible for exemption with respect to DEPB, Duty Drawback and DEPB rate difference income aggregating to Rs. 2,49,32,201/-. The ITAT accordingly decided the issue against the assesse…

DCIT (INTERNATIONAL TAXATION), DEHRADUN vs. M/S. SCHLUMBERGER ASIA SERVICES LTD., DEHRADUN

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

ITA 79/DEL/2017[2012-13]Status: DisposedITAT Delhi01 Jul 2021AY 2012-13

Bench: Sh. N. K. Billaiya & Sh. Sudhanshu Srivastava(Through Video Conferencing) Assessment Year: 2012-13 Dcit Schlumberger Asia (International Taxation) Vs Services Ltd. Circle-Ii C/O. M/S. Nangia & Co. 3Rd Floor, Ncr Plaza, Dehradun Municipal No.24A, New Cantt Road, Dehradun Pan No. Aadcs1107J (Appellant) (Respondent)

Section 44B

…ceipts. The case of the assessee is that the said receipt is of capital in nature and hence not chargeable to tax. This issue has been decided by the Hon’ble Uttarakhand High Court in asessee’s own case which has been confirmed by the Hon’ble Supreme Court in 399 ITR 1. The relevant findings of the Hon’ble Supreme Court read as under :- 8. As the CIT(A) has followed the earlier order of this Tribunal which has been upheld by the Hon’ble Uttarakhand High Court and subsequently by the Hon’ble Supreme Court we do not find any error or infirmity in the findings of the CIT(A) grounds relating to the first issue are d…

HALLIBURTON OFFSHORE SERVICES INC.,NOIDA vs. DCIT (INTERNATIONAL TAXATION), DEHRADUN

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

ITA 6178/DEL/2016[2012-13]Status: DisposedITAT Dehradun08 Jun 2021AY 2012-13

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)

For Appellant: Shri Amit Arora, CAFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 143Section 144CSection 44Section 44DSection 9

…reimbursement of expenditure is squarely covered against the assessee by the decision of the honourable Supreme Court against which the review petition has already been dismissed in Sedco Forex International Inc. v. CIT [2017] 87 taxmann.com 29/251 Taxman 459/399 ITR 1 (SC). [2018] 94 taxmann.com 119 (SC)/[2018] 256 Taxman 65 (SC). In view of this ground number one of the appeal of the assessee is dismissed. 9. The second ground of appeal is with respect to the reimbursement of service tax it is covered in favour of the assessee by the decision of the honourable Uttarakhand High court in Director of Income-tax In…

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 5584/DEL/2013[2010-11]Status: DisposedITAT Dehradun08 Jun 2021AY 2010-11

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

…Therefore, pith and substance of the contract is removal of drilled solids from rigs. Further the decision of the honourable Supreme Court in Sedco Forex international 15. incorporation versus DIT[2017] 87 taxmann.com 29 (SC)/[2017] 251 Taxman 459 (SC)/[2017] 399 ITR 1 (SC)/[2017] 299 CTR 1 (SC) while deciding the issue of mobilization fees has held that when the contracts are indivisible, it is not appropriate to treat the various receipts of the contract differently. Therefore, material used for performance of contract cannot be treated differently than other consideration received. In fact, it is a composite c…

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 5583/DEL/2013[2007-08]Status: DisposedITAT Dehradun08 Jun 2021AY 2007-08

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

…Therefore, pith and substance of the contract is removal of drilled solids from rigs. Further the decision of the honourable Supreme Court in Sedco Forex international 15. incorporation versus DIT[2017] 87 taxmann.com 29 (SC)/[2017] 251 Taxman 459 (SC)/[2017] 399 ITR 1 (SC)/[2017] 299 CTR 1 (SC) while deciding the issue of mobilization fees has held that when the contracts are indivisible, it is not appropriate to treat the various receipts of the contract differently. Therefore, material used for performance of contract cannot be treated differently than other consideration received. In fact, it is a composite c…

ADIT (INTERNATIONAL TAXATION), DEHRADUN vs. M/S. M.I, OVERSEAS LTD., MUMBAI

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 5565/DEL/2013[2010-11]Status: DisposedITAT Dehradun08 Jun 2021AY 2010-11

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

…Therefore, pith and substance of the contract is removal of drilled solids from rigs. Further the decision of the honourable Supreme Court in Sedco Forex international 15. incorporation versus DIT[2017] 87 taxmann.com 29 (SC)/[2017] 251 Taxman 459 (SC)/[2017] 399 ITR 1 (SC)/[2017] 299 CTR 1 (SC) while deciding the issue of mobilization fees has held that when the contracts are indivisible, it is not appropriate to treat the various receipts of the contract differently. Therefore, material used for performance of contract cannot be treated differently than other consideration received. In fact, it is a composite c…

ADIT (INTERNATIONAL TAXATION), DEHRADUN vs. M/S. M.I, OVERSEAS LTD., MUMBAI

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 5564/DEL/2013[2007-08]Status: DisposedITAT Dehradun08 Jun 2021AY 2007-08

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

…Therefore, pith and substance of the contract is removal of drilled solids from rigs. Further the decision of the honourable Supreme Court in Sedco Forex international 15. incorporation versus DIT[2017] 87 taxmann.com 29 (SC)/[2017] 251 Taxman 459 (SC)/[2017] 399 ITR 1 (SC)/[2017] 299 CTR 1 (SC) while deciding the issue of mobilization fees has held that when the contracts are indivisible, it is not appropriate to treat the various receipts of the contract differently. Therefore, material used for performance of contract cannot be treated differently than other consideration received. In fact, it is a composite c…

ADIT, DEHRADUN vs. M/S. M.I. OVERSEAS LTD., NOIDA

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 3045/DEL/2013[2006-07]Status: DisposedITAT Dehradun08 Jun 2021AY 2006-07

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

…Therefore, pith and substance of the contract is removal of drilled solids from rigs. Further the decision of the honourable Supreme Court in Sedco Forex international 15. incorporation versus DIT[2017] 87 taxmann.com 29 (SC)/[2017] 251 Taxman 459 (SC)/[2017] 399 ITR 1 (SC)/[2017] 299 CTR 1 (SC) while deciding the issue of mobilization fees has held that when the contracts are indivisible, it is not appropriate to treat the various receipts of the contract differently. Therefore, material used for performance of contract cannot be treated differently than other consideration received. In fact, it is a composite c…

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