MB PETROLEUM SERVICES LLC,MUMBAI vs. DDIT, DEHRADUN

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

Bench: Shri Saktijit Dey & Shri M. Balaganeshmb Petroleum Services Llc, Vs. Ddit, Kirtane & Pandit, H-16, Circle-1, Saraswati Colony, Sitaldevi International Taxation, Temple Road, Mahim, Dehradun Mumbai (Appellant) (Respondent) Pan: Aaecm2604H

10% on gross receipts actually, then still its income would be determined only in terms of section 44BB(1) of the Act. There is absolutely no scope for determining income of the assessee under normal provisions of the Act. This is so because of non obstante clause provided u/s 44BB of the Act which reads as under:- “Special provision

ACIT, CIRCLE- 2, DEHRADUN vs. UTTRANCHAL JAL VIDYUT NIGAM LTD., DEHRADUN

In the result, the appeal of the revenue is dismissed

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

10 of Section 43(1) of the Act. This has been negated by the Hon’ble Delhi High Court vide order dated 09th May 2013 reported in 355 ITR 188(Del) by observing as under: “26. The scheme of hiving off the business of telecom services by Government of India to a corporate entity entailed incorporation of a wholly owned

ACIT, CIRCLE- 2, DEHRADUN vs. UTTARANCHAL JAL VIDYUT NIGAM LTD., DEHRADUN

In the result, the appeal of the revenue is dismissed

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

10 of Section 43(1) of the Act. This has been negated by the Hon’ble Delhi High Court vide order dated 09th May 2013 reported in 355 ITR 188(Del) by observing as under: 7 ITA No.5311 & Ors. “26. The scheme of hiving off the business of telecom services by Government of India to a corporate entity entailed incorporation

ACIT, CIRCLE- 2, DEHRADUN vs. UTTARANCHAL JAL VIDYUT NIGAM LTD., DEHRADUN

In the result, the appeal of the revenue is dismissed

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

10 of Section 43(1) of the Act. This has been negated by the Hon’ble Delhi High Court vide order dated 09th May 2013 reported in 355 ITR 188(Del) by observing as under: 7 ITA No.5311 & Ors. “26. The scheme of hiving off the business of telecom services by Government of India to a corporate entity entailed incorporation

ACIT, CIRCLE- 2, DEHRADUN vs. UTTARANCHAL JAL VIDYUT NIGAM LTD., DEHRADUN

In the result, the appeal of the revenue is dismissed

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

10 of Section 43(1) of the Act. This has been negated by the Hon’ble Delhi High Court vide order dated 09th May 2013 reported in 355 ITR 188(Del) by observing as under: 7 ITA No.5311 & Ors. “26. The scheme of hiving off the business of telecom services by Government of India to a corporate entity entailed incorporation

ACIT, CIRCLE-2, DEHRADUN vs. M/S. UTTARANCHAL JAL VIDYUT NIGAM LTD., DEHRADUN

In the result, the appeal of the revenue is dismissed

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

10 of Section 43(1) of the Act. This has been negated by the Hon’ble Delhi High Court vide order dated 09th May 2013 reported in 355 ITR 188(Del) by observing as under: 7 ITA No.5311 & Ors. “26. The scheme of hiving off the business of telecom services by Government of India to a corporate entity entailed incorporation

ACIT, CIRCLE-2, DEHRADUN vs. M/S. UTTARANCHAL JAL VIDYUT NIGAM LTD., DEHRADUN

In the result, the appeal of the revenue is dismissed

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

10 of Section 43(1) of the Act. This has been negated by the Hon’ble Delhi High Court vide order dated 09th May 2013 reported in 355 ITR 188(Del) by observing as under: 7 ITA No.5311 & Ors. “26. The scheme of hiving off the business of telecom services by Government of India to a corporate entity entailed incorporation

BG EXPLORATION & PRODUCTION INDIA LIMITED,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX DDIT/ADIT (INTERNATIONAL TAXATION ) CIRCLE-1, DEHRADUN

In the result, the appeal of the assessee is partly allowed

Bench: Shri R.K. Panda & Shri V.P. Raoassessment Years: 2016-17

26,640/- to the appellant out of which Rs. 66,61,30,450/- had been capitalized and balance was accounted as work in progress. The appellant had claimed depreciation of Rs. 3,30,05,676/- on the IT infrastructure and software. The Ld. Dispute Resolution Panel has stated that even the beneficial ownership of the assent also entitles the Assessee

BG EXPLORATION & PRODUCTION INDIA 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 for statistical purposes

26 ,640/- to the appellant out of which Rs. 66 ,61 ,30 ,450/- had been capitalized and balance was accounted as work in progress . The appellant had claimed depreciation of Rs .3 ,30 ,05 ,676/- on the IT infrastructure and software. The Ld . Dispute Resolution Panel has stated that even the beneficial ownership of the assent also entitles the Assessee

B G EXPLORATION & PRODUCTION INDIA LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME, DDIT/ ADIT (INTERNATIONAL TAXATION), CIRCLE-1, DEHRADUN, DEHRADUN

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

Bench: Sh. Kul Bharatdr. B. R. R. Kumar

26,640/- to the appellant out of which Rs. 66,61,30,450/- had been capitalized and balance was accounted as work in progress. The appellant had claimed depreciation of Rs. 3,30,05,676/- on the IT infrastructure and software. The Ld. Dispute Resolution Panel has stated that even the beneficial ownership of the assent also entitles the Assessee

B G EXPLORATION & PRODUCTION INDIA LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME, DDIT/ ADIT (INTERNATIONAL TAXATION), CIRCLE-1, DEHRADUN, DEHRADUN, UTTARAKHAND

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

Bench: Sh. Kul Bharatdr. B. R. R. Kumar

26,640/- to the appellant out of which Rs. 66,61,30,450/- had been capitalized and balance was accounted as work in progress. The appellant had claimed depreciation of Rs. 3,30,05,676/- on the IT infrastructure and software. The Ld. Dispute Resolution Panel has stated that even the beneficial ownership of the assent also entitles the Assessee

HALLIBURTON OFFSHORE SERVICES INC.,NOIDA vs. DCIT (INTERNATIONAL TAXATION), CIRCLE-1, DEHRADUN

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

depreciation on capital assets to the extent of 90% of gross revenue. (ix) Whether the CIT (A) has erred in not appreciating the fact that the amount received by the assessee on account of equipment lost in hole’ is infact the reimbursement of expenses and hence includible in the gross revenue for the purpose of computation of profits

DCIT (INTERNATIONAL TAXATION),CIRCLE-I, DEHRADUN vs. HALLIBURTON OFFSHORE SERVICES INC., DEHRADUN

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

depreciation on capital assets to the extent of 90% of gross revenue. (ix) Whether the CIT (A) has erred in not appreciating the fact that the amount received by the assessee on account of equipment lost in hole’ is infact the reimbursement of expenses and hence includible in the gross revenue for the purpose of computation of profits

DCIT (INTERNATIONAL TAXATION),CIRCLE-I, DEHRADUN vs. HALLIBURTON OFFSHORE SERVICES INC., DEHRADUN

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

depreciation on capital assets to the extent of 90% of gross revenue. (ix) Whether the CIT (A) has erred in not appreciating the fact that the amount received by the assessee on account of equipment lost in hole’ is infact the reimbursement of expenses and hence includible in the gross revenue for the purpose of computation of profits

SANJAY BANSAL,NEW DELHI vs. DCIT CENTRAL CIRCLE, DEHRADUN

In the result, appeal of the assessee is allowed

Bench: Sh. Anil Chaturvedi & Sh. Challa Nagendra Prasad

10. That the CIT(A) grossly erred in law and on facts in assuming jurisdiction vide issuance of consolidated/ combined notice of enhancement for all the concerned assessment years. The enhancement made consequent to issue of illegal notice is thus liable to be deleted. 11. That the CIT(A) has enhanced the income of the assessee without examining the books

SANJAY BANSAL,DEHRADUN vs. DCIT CENTRAL CIRCLE, DEHRADUN

In the result, appeal of the assessee is allowed

Bench: Sh. Anil Chaturvedi & Sh. Challa Nagendra Prasad

10. That the CIT(A) grossly erred in law and on facts in assuming jurisdiction vide issuance of consolidated/ combined notice of enhancement for all the concerned assessment years. The enhancement made consequent to issue of illegal notice is thus liable to be deleted. 11. That the CIT(A) has enhanced the income of the assessee without examining the books

SANJAY BANSAL,DEHRADUN vs. DCIT CENTRAL CIRCLE, DEHRADUN

In the result, appeal of the assessee is allowed

Bench: Sh. Anil Chaturvedi & Sh. Challa Nagendra Prasad

10. That the CIT(A) grossly erred in law and on facts in assuming jurisdiction vide issuance of consolidated/ combined notice of enhancement for all the concerned assessment years. The enhancement made consequent to issue of illegal notice is thus liable to be deleted. 11. That the CIT(A) has enhanced the income of the assessee without examining the books

SANJAY BANSAL,DEHRADUN vs. DCIT CENTRAL CIRCLE, DEHRADUN

In the result, appeal of the assessee is allowed

Bench: Sh. Anil Chaturvedi & Sh. Challa Nagendra Prasad

10. That the CIT(A) grossly erred in law and on facts in assuming jurisdiction vide issuance of consolidated/ combined notice of enhancement for all the concerned assessment years. The enhancement made consequent to issue of illegal notice is thus liable to be deleted. 11. That the CIT(A) has enhanced the income of the assessee without examining the books