Ita/289/2007 Of Director Of Income Tax And Another v. M/S Sperry-Sub-International Inc

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Income Tax Appeal No. 289 of 2007 Director of Income Tax and another …..….Appellants Versus M/s Sperry-Sub-International Inc. ….…..Respondents Mr. H.M. Bhatia, Standing Counsel (Income Tax) for the appellants. None for the respondent. Coram : Hon’ble Barin Ghosh, C. J.Hon’ble U.C. Dhyani, J. Barin Ghosh, C.J. (Oral) Despite service, none appears on behalf of the respondent. 2. The judgment of the Tribunal, assailed in the present appeal, is based on the judgment of the Tribunal rendered in the case of M/s ENSCO Maritime Limited, which judgment has been reversed by a Division Bench of this Court in the case of Commissioner of Income- Tax, Dehradun Vs. ENSCO Maritime Ltd. reported in 2009-(181)-TAXMAN –0046 –UTT. The ratio of the judgment of the Division Bench of this Court, referred to above, applies to the issues raised in the present appeal. We, accordingly, allow the appeal, set aside the judgment and the order under appeal and restore the order of the Appellate Commissioner, whereby the order of the Assessing Officer has been confirmed. (U.C. Dhyani, J.) (Barin Ghosh, C.J.) 18.12.2012 18.12.2012 Rathour