ACIT, NEW DELHI vs. M/S. HAL OFFSHORE LTD., NEW DELHI

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

Bench: Sh. H. S. Sidhudr. B. R. R. Kumarita No. 4673/Del/2016 : Asstt. Year : 2012-13 Acit, Vs M/S Hal Offshore Ltd., Central Circle-15, 25, Bazar Lane, Bengali Market, New Delhi-110055 New Delhi-110001 (Appellant) (Respondent) Pan No. Aaach3144B Ita No. 2081/Del/2016 : Asstt. Year : 2012-13 M/S Hal Offshore Ltd., Vs Dcit, C/O M/S Rra Taxindia, Circle-12(1), D-28, South Extension, Part-I, New Delhi New Delhi-110049 (Appellant) (Respondent) Pan No. Aaach3144B Assessee By : Sh. Somil Agarwal, Ca Revenue By : Sh. Amit Katoch, Sr. Dr Date Of Hearing: 22.07.2019 Date Of Pronouncement: 23.07.2019 Order Per Dr. B. R. R. Kumar:

TDS is deductible on this amount. Regarding the DPS Offshore and Fugro Seastar AS, it was submitted that the assessee has hired trans receiver which is a part of acoustic tracking system, global positioning system installed on the vessel. It was argued placed on the judgment on ONGC Vs CIT 376 ITR 036 that these are ancillary works related

M/S. HAL OFFSHORE LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Sh. H. S. Sidhudr. B. R. R. Kumarita No. 4673/Del/2016 : Asstt. Year : 2012-13 Acit, Vs M/S Hal Offshore Ltd., Central Circle-15, 25, Bazar Lane, Bengali Market, New Delhi-110055 New Delhi-110001 (Appellant) (Respondent) Pan No. Aaach3144B Ita No. 2081/Del/2016 : Asstt. Year : 2012-13 M/S Hal Offshore Ltd., Vs Dcit, C/O M/S Rra Taxindia, Circle-12(1), D-28, South Extension, Part-I, New Delhi New Delhi-110049 (Appellant) (Respondent) Pan No. Aaach3144B Assessee By : Sh. Somil Agarwal, Ca Revenue By : Sh. Amit Katoch, Sr. Dr Date Of Hearing: 22.07.2019 Date Of Pronouncement: 23.07.2019 Order Per Dr. B. R. R. Kumar:

TDS is deductible on this amount. Regarding the DPS Offshore and Fugro Seastar AS, it was submitted that the assessee has hired trans receiver which is a part of acoustic tracking system, global positioning system installed on the vessel. It was argued placed on the judgment on ONGC Vs CIT 376 ITR 036 that these are ancillary works related

DCIT, DEHRADUN vs. M/S. EXPRO GULF LTD., MUMBAI

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

Bench: : Shri H.S. Sidhu & Shri L.P. Sahu

293A). 2. Proviso would be rendered useless if we are to hold that Section deals with all sorts of services be it of general nature, as a class in itself as well services of technical, consultancy or managerial nature which form a distinct and separate species of services. This can also be explained by provisions contained at least in three

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,

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

TDS has been deducted. He therefore issued notice on 29.03.2019 under section 148 of the Act. It was served but compliance was not made. He, then issued notice(s) to the above concerns under section 133(6) of the Act seeking details about the amount paid/accrued to the assessee, nature of products/services rendered by the assessee to them as well

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,

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

TDS has been deducted. He therefore issued notice on 29.03.2019 under section 148 of the Act. It was served but compliance was not made. He, then issued notice(s) to the above concerns under section 133(6) of the Act seeking details about the amount paid/accrued to the assessee, nature of products/services rendered by the assessee to them as well

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,

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

TDS has been deducted. He therefore issued notice on 29.03.2019 under section 148 of the Act. It was served but compliance was not made. He, then issued notice(s) to the above concerns under section 133(6) of the Act seeking details about the amount paid/accrued to the assessee, nature of products/services rendered by the assessee to them as well

M/S. DOLPHIN DRILLING PTE. LTD.,NEW DELHI vs. ADIT, DEHRADUN

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

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2007-08

293A apply for the purposes of computing profits or gains or any other income referred to in those sections. ……………………………………………………………………..” Further, section 115A of the Act inter-alia provides that fees for technical services received by a non-resident pursuant to an agreement made by such non-resident with the Government or an Indian concern is taxable @ 10 percent

DCIT (IT), CIRCLE-2(1)(2), NEW DELHI vs. J RAY MCDERMOTT S.A., USA

Bench: Sh. N. K. Billaiya & Ms. Astha Chandra

293A apply for the purposes of computing profits or gains or any other income referred to in those sections. (2) The amounts referred to in sub-section (1) shall be the following, namely:- (a) the amount paid or payable (whether in or out of India) to the assessee or to any person on his behalf on account of the provision

DCIT CIRCLE-2(1)(2) INT. TAXATION, NEW DELHI vs. J RAY MCDERMOTT S.A., USA

Bench: Sh. N. K. Billaiya & Ms. Astha Chandra

293A apply for the purposes of computing profits or gains or any other income referred to in those sections. (2) The amounts referred to in sub-section (1) shall be the following, namely:- (a) the amount paid or payable (whether in or out of India) to the assessee or to any person on his behalf on account of the provision

JCIT (INTERNATIONAL TAXATION), DEHRADUN vs. M/S. R & B FALCON (A) PTY LTD., MUMBAI

In the result, all these appeals of the Revenue are dismissed

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2011-12

293A apply for the purposes of computing profits or gains or any other income referred to in those sections. (2) The amounts referred to in sub-section (1) shall be the following, namely:— (a) the amount paid or payable (whether in or out of India) to the assessee or to any person on his behalf on account of the provision

ADIT, DEHRADUN vs. M/S. R & B FALCON (A) PTY LTD., MUMBAI

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

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaay: 2010-11 Adit Vs R & B Falcon (A) Pty Ltd., International Taxation, 1St Floor, Spectra High Street, Aayakar Bhawan, Hiranandani Business Park, 13A-Subhash Road, Powai, Mumbai. Dehraun. (Pan: Aaccr5345Q) (Appellant) (Respondent) Appellant By: Shri Anuj Arora, Cit Dr Respondent By: Shri Amit Arora, Ca Date Of Hearing: 08.02.2016 Date Of Pronouncement: 29.04.2016

293A apply for the purposes of computing profits or gains or any other income referred to in those sections. (2) The amounts referred to in sub-section (1) shall be the following, namely:— (a) the amount paid or payable (whether in or out of India) to the assessee or to any person on his behalf on account of the provision

DIRECTOR OF INCOME TAX I vs. PVT LTD

The appeals are dismissed

293A apply for the purposes of computing profits or gains or any other income referred to in those sections. 2015:DHC:8096-DB ITA Nos. 403/2013 & 384/2015 Page 5 of 10 (2) The amounts referred to in sub-section (1) shall be the following, namely:— (a) the amount paid or payable (whether in or out of India) to the assessee

DIRECTOR OF INCOME TAX I vs. PVT LTD

The appeals are dismissed

293A apply for the purposes of computing profits or gains or any other income referred to in those sections. 2015:DHC:8095-DB ITA Nos. 403/2013 & 384/2015 Page 5 of 10 (2) The amounts referred to in sub-section (1) shall be the following, namely:— (a) the amount paid or payable (whether in or out of India) to the assessee

DCIT, INTL. TAXATION, CIRCLE, GURGAON vs. CAIRN ENERGY HYDROCARBON LTD. , GURGAON

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

TDS requirement have been duly complied with the operator. hence, the disallowance made by the AO on account of exploration & development expenditure per se and on account of infraction of provisions of Section 40(a)(ia) of the Income Tax Act, 1961 are liable to be deleted. The order of the ld. CIT(A) on this ground is affirmed. Ground

DCIT, INTL. TAXATION, CIRCLE, GURGAON vs. CAIRN ENERGY HYDROCARBON LTD. , GURGAON

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

TDS requirement have been duly complied with the operator. hence, the disallowance made by the AO on account of exploration & development expenditure per se and on account of infraction of provisions of Section 40(a)(ia) of the Income Tax Act, 1961 are liable to be deleted. The order of the ld. CIT(A) on this ground is affirmed. Ground

CAIRN ENERGY HYDROCARBONS LTD.,GURGAON vs. DDIT, NEW DELHI

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

TDS requirement have been duly complied with the operator. hence, the disallowance made by the AO on account of exploration & development expenditure per se and on account of infraction of provisions of Section 40(a)(ia) of the Income Tax Act, 1961 are liable to be deleted. The order of the ld. CIT(A) on this ground is affirmed. Ground

CAIRN ENERGY HYDROCARBON LTD. ,GURGAON vs. DCIT, INTL. TAXATION, CIRCLE, GURGAON

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

TDS requirement have been duly complied with the operator. hence, the disallowance made by the AO on account of exploration & development expenditure per se and on account of infraction of provisions of Section 40(a)(ia) of the Income Tax Act, 1961 are liable to be deleted. The order of the ld. CIT(A) on this ground is affirmed. Ground

CAIRN ENERGY HYDROCARBON LTD. ,GURGAON vs. DCIT, INTL. TAXATION, CIRCLE, GURGAON

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

TDS requirement have been duly complied with the operator. hence, the disallowance made by the AO on account of exploration & development expenditure per se and on account of infraction of provisions of Section 40(a)(ia) of the Income Tax Act, 1961 are liable to be deleted. The order of the ld. CIT(A) on this ground is affirmed. Ground

DDIT, NEW DELHI vs. M/S. CAIRN ENERGY HYDROCARBONS LTD., GURGAON

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

TDS requirement have been duly complied with the operator. hence, the disallowance made by the AO on account of exploration & development expenditure per se and on account of infraction of provisions of Section 40(a)(ia) of the Income Tax Act, 1961 are liable to be deleted. The order of the ld. CIT(A) on this ground is affirmed. Ground