M/S Deepwater Pacific 1 Inc v. The Assistant Director Of Income-Tax, International Taxation, Dehradun

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL INCOME TAX APPEAL No. 03 of 2016 M/s Deepwater Pacific 1 Inc. …….Appellant Versus The Assistant Director of Income-Tax, International Taxation, Dehradun. ……Respondent Mr. Pulak Raj Mullick, Advocate for the appellant. Mr. H.M. Bhatia, Advocate for the respondent. Coram: Hon’ble K.M. Joseph, C.J.Hon’ble V.K. Bist, J. Dated: 29.02.2016 K.M. Joseph, C.J. (Oral) The substantial question of law, which is sought to be raised in this Appeal, is answered against the Appellant by this Court in Sedco Forex International Inc. vs. Commissioner of Income Tax and Another reported in 299 ITR 238 and the substantial question of law, which is raised, is whether the amounts received by the appellant as mobilization advance for the purposes of transporting outside territorial waters of India should be included under Section 44BB of the Act. 3. We see no reason to take the view that it is an amount which should be excluded in view of Section 44BB of the Act. This is a matter, where this Court has already spoken against the appellant. 4. In such circumstances, we see no merit in the Appeal. The Appeal will stand dismissed. Rathour (V.K. Bist, J.) (K.M. Joseph, C.J.) 29.02.2016