Director Of Income Tax & Another. .……… v. Enron Global Exploration & Production Inc. ..………

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Income Tax Appeal No. 17 of 2009 Director of Income Tax & another. .………. Appellants Versus Enron Global Exploration & Production Inc. ..………. Respondent Mr. H.M. Bhatia, Advocate for the appellants. Mr. S.K. Posti, Advocate for the respondent. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Servesh Kumar Gupta, J. BARIN GHOSH, C. J. (Oral) One of the issues before the Tribunal was pertaining to interest under Section 234B of the Income Tax Act. It was contended by the assessee that, since all the receipts of the assessee were subjected to deduction of tax under Section 195 of the Act, the assessee was not liable to pay any advance tax under Section 209 of the Act. This controversy was dealt with by a Division Bench judgment of this Court, rendered in the case of CIT and another vs. Sedco Forex International Drilling Co. Ltd., reported in (2003) 264 ITR 321. Following the said decision, by the judgment and order under appeal, the Tribunal decided the said issue. The Hon’ble Supreme Court, in the case of Sedco Forex International Drill. Inc and others vs. CIT and another, has set aside the said judgment of this Court by a judgment rendered on 17[th]November, 2005, although the issue at hand, which was specifically dealt with by the Division Bench of this Court and relied upon by the Tribunal, was not dealt with. 2. We think that, in such circumstances, it would be appropriate on the part of the Tribunal to re-consider the issue without being influenced by the observations of this Court rendered in the case of CIT and another vs. Sedco Forex International Drilling Co. Ltd., reported in (2003) 264 ITR 321. The appeal is, accordingly, disposed of. G (Servesh Kumar Gupta, J.) 04.12.2013 (Barin Ghosh, C. J.) 04.12.2013