CHIEF EDUCATION OFFICER,DEHRADUN vs. CIT(A), DEHRADUN

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra(Through Video Conferencing)

8. 51/DDN/2023 for Chief Education CIT(A), CIT(A)/NFAC, Delhi’s order AY 2016-17 Officer, Dehradun dated 23.01.2023 passed in Dehradun case no. ITBA/NFAC/S/250/2022- 23/1049019160(1) involving proceedings under Section 200A of the Act. Relevant proceedings in all the instant cases are u/s 200A r.w.s. 234E of the Income-tax Act, 1961 (in short “the Act” hereinafter

CHIEF EDUCATION OFFICER,DEHRADUN vs. CIT (AI, DEHRADUN

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra(Through Video Conferencing)

8. 51/DDN/2023 for Chief Education CIT(A), CIT(A)/NFAC, Delhi’s order AY 2016-17 Officer, Dehradun dated 23.01.2023 passed in Dehradun case no. ITBA/NFAC/S/250/2022- 23/1049019160(1) involving proceedings under Section 200A of the Act. Relevant proceedings in all the instant cases are u/s 200A r.w.s. 234E of the Income-tax Act, 1961 (in short “the Act” hereinafter

CHIEF EDUCATION OFFICER,DEHRADUN vs. CIT(A), DEHRADUN

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra(Through Video Conferencing)

8. 51/DDN/2023 for Chief Education CIT(A), CIT(A)/NFAC, Delhi’s order AY 2016-17 Officer, Dehradun dated 23.01.2023 passed in Dehradun case no. ITBA/NFAC/S/250/2022- 23/1049019160(1) involving proceedings under Section 200A of the Act. Relevant proceedings in all the instant cases are u/s 200A r.w.s. 234E of the Income-tax Act, 1961 (in short “the Act” hereinafter

CIT(A), DEHRADUN vs. CHIEF EDUCATION OFFICER, DEHRADUN

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra(Through Video Conferencing)

8. 51/DDN/2023 for Chief Education CIT(A), CIT(A)/NFAC, Delhi’s order AY 2016-17 Officer, Dehradun dated 23.01.2023 passed in Dehradun case no. ITBA/NFAC/S/250/2022- 23/1049019160(1) involving proceedings under Section 200A of the Act. Relevant proceedings in all the instant cases are u/s 200A r.w.s. 234E of the Income-tax Act, 1961 (in short “the Act” hereinafter

CHIEF EDUCATION OFFICER,DEHRADUN vs. CIT (A), DEHRADUN

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra(Through Video Conferencing)

8. 51/DDN/2023 for Chief Education CIT(A), CIT(A)/NFAC, Delhi’s order AY 2016-17 Officer, Dehradun dated 23.01.2023 passed in Dehradun case no. ITBA/NFAC/S/250/2022- 23/1049019160(1) involving proceedings under Section 200A of the Act. Relevant proceedings in all the instant cases are u/s 200A r.w.s. 234E of the Income-tax Act, 1961 (in short “the Act” hereinafter

CHIEF EDUCATION OFFICER,DEHRADUN vs. CIT(A), DEHRADUN

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra(Through Video Conferencing)

8. 51/DDN/2023 for Chief Education CIT(A), CIT(A)/NFAC, Delhi’s order AY 2016-17 Officer, Dehradun dated 23.01.2023 passed in Dehradun case no. ITBA/NFAC/S/250/2022- 23/1049019160(1) involving proceedings under Section 200A of the Act. Relevant proceedings in all the instant cases are u/s 200A r.w.s. 234E of the Income-tax Act, 1961 (in short “the Act” hereinafter

INSTITUTE OF CLINICAL RESEARCH INDIA SOCIETY,DEHRADUN vs. CIT(A), DEHRADUN

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh(Through Video Conferencing) Assessment Year: 2012-13 Institute Of Clinical Research Vs. Commissioner Of Income India Society, Tax (Appeals), 1St Floor, Building No.1, Dehradun Treenetra Vihar, Near Kargt Chowk, Dehradun Pan :Aabai3710P (Appellant) (Respondent) Assessee By None Department By Sh. Amar Pal Singh, Sr. Dr

TDS under Section 194 in the case of such kind of assessees. Under the Income Tax Act, computation of total income is made under the various heads of income, viz :- i. Salary ii. Income from house property iii. Profits and gains from business or profession iv. Capital gains v. Income from other sources. 7.1. Now, let us examine Section

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

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

13 of DRP rules 2009 dated 23 January 2012 for AY 2008-09. Addition qua services in connection with exploration/prospecting /extraction of mineral oil to non-PSC partners 1. The Ld AO has erred on facts and in law in assessing receipts of Rs. 174,219,718/- from non-PSC partners on account of provision of mud- engineering services

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

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

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

13 of DRP rules 2009 dated 23 January 2012 for AY 2008-09. Addition qua services in connection with exploration/prospecting /extraction of mineral oil to non-PSC partners 1. The Ld AO has erred on facts and in law in assessing receipts of Rs. 174,219,718/- from non-PSC partners on account of provision of mud- engineering services

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

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

13 of DRP rules 2009 dated 23 January 2012 for AY 2008-09. Addition qua services in connection with exploration/prospecting /extraction of mineral oil to non-PSC partners 1. The Ld AO has erred on facts and in law in assessing receipts of Rs. 174,219,718/- from non-PSC partners on account of provision of mud- engineering services

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

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

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

13 of DRP rules 2009 dated 23 January 2012 for AY 2008-09. Addition qua services in connection with exploration/prospecting /extraction of mineral oil to non-PSC partners 1. The Ld AO has erred on facts and in law in assessing receipts of Rs. 174,219,718/- from non-PSC partners on account of provision of mud- engineering services

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

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

13 of DRP rules 2009 dated 23 January 2012 for AY 2008-09. Addition qua services in connection with exploration/prospecting /extraction of mineral oil to non-PSC partners 1. The Ld AO has erred on facts and in law in assessing receipts of Rs. 174,219,718/- from non-PSC partners on account of provision of mud- engineering services

MI OVERSEAS LTD.,NEW DELHI vs. ADIT, DEHRADUN

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

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

13 of DRP rules 2009 dated 23 January 2012 for AY 2008-09. Addition qua services in connection with exploration/prospecting /extraction of mineral oil to non-PSC partners 1. The Ld AO has erred on facts and in law in assessing receipts of Rs. 174,219,718/- from non-PSC partners on account of provision of mud- engineering services

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

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

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

13 of DRP rules 2009 dated 23 January 2012 for AY 2008-09. Addition qua services in connection with exploration/prospecting /extraction of mineral oil to non-PSC partners 1. The Ld AO has erred on facts and in law in assessing receipts of Rs. 174,219,718/- from non-PSC partners on account of provision of mud- engineering services

YES BANK LTD.,MUMBAI vs. ADDL. CIT (TDS), DEHRADUN

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Usita No. 7498/Del/2017 : Asstt. Year : 2013-14 Ita No. 7499/Del/2017 : Asstt. Year : 2014-15

8) Further the Bank enclose herewith a screenshot from die income tax website source:https://incometaxindiaefiling.gov.in/eFiling/Services/Know Yours jurisdiction) providing the income tax jurisdiction details of UEPPCB. The jurisdiction of UEPFC6 is Exemption Ward, Dehradun. Copy of screenshot enclosed at page 28 of the paper book. 9) Attention is further invited to the Uttarakhand High Court’s decision dated

YES BANK LTD.,MUMBAI vs. ADDL. CIT (TDS), DEHRADUN

In the result, the appeals of the assessee are allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Usita No. 7498/Del/2017 : Asstt. Year : 2013-14 Ita No. 7499/Del/2017 : Asstt. Year : 2014-15

8) Further the Bank enclose herewith a screenshot from die income tax website source:https://incometaxindiaefiling.gov.in/eFiling/Services/Know Yours jurisdiction) providing the income tax jurisdiction details of UEPPCB. The jurisdiction of UEPFC6 is Exemption Ward, Dehradun. Copy of screenshot enclosed at page 28 of the paper book. 9) Attention is further invited to the Uttarakhand High Court’s decision dated

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

8 to 10 at pages 12 to 15 of the said order. We are referring the same but not reproducing the same for the sake of brevity. 18. Now coming to the stand of the Revenue that the provision of section 44DA of the Act, wherein 2nd proviso was inserted w.e.f. 01.04.2011, were to be applied, in order to compute

DCIT (INTERNATIONAL TAXATION),CIRCLE-2, DEHRADUN vs. TRANSOCEAN OFFSHORE INTERNATIONAL VENTURE LTD., NOIDA

In the result, appeal of the revenue is dismissed

Bench: Shri Amit Shukladr. B.R.R. Kumar

13. It is in this context that the question arises whether the service tax collected by the Assessee and passed on to the Government from the person to whom it has provided the services can legitimately be considered to form part of the gross receipts for the purposes of computation of the Assessee’s ‘presumptive income’ under Section 44BB