M/S R & B Falcon (A) Pty Limited v. The Additional Director Of Income-Tax, International Taxation, Dehradun
High Court
08 Aug 2012 In favour of: Unclear
Forum / Bench
High Court · ukhcucis_pg
Parties
M/S R & B Falcon (A) Pty Limited v. The Additional Director Of Income-Tax, International Taxation, Dehradun
Date of order
08 Aug 2012
Assessment year(s)
—
Outcome
Other
Case summary
In M/S R & B Falcon (A) Pty Limited v. The Additional Director Of Income-Tax, International Taxation, Dehradun, the High Court (2012) decided the matter.
Issue: (Oral) Whether reimbursement of actual expenses received by the appellant from ONGC was or was not to be included in calculating the aggregate amount referred to in sub-section (2) of section 44BB of the Income-tax Act, 1961, is the sole question in the present appeal.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Income Tax Appeal No. 16 of 2012
M/s R & B Falcon (A) Pty Limited C/o NANGIA & CO. Suite-4A, Plaza-M 6, Jasola, New Delhi – 110025
………….. Appellant
Versus
The Additional Director of Income-tax, International Taxation, Dehradun
………….. Respondent
Present: Mr. S.K. Posti, Advocate for the appellant. Mr. Hari Mohan Bhatia, Advocate for the respondent.
JUDGMENT
Date: 8thAugust, 2012
Coram : Hon’ble Barin Ghosh, C.J.Hon’ble U.C. Dhyani, J.
BARIN GHOSH, C.J. (Oral)
Whether reimbursement of actual expenses received by the appellant from ONGC was or was not to be included in calculating the aggregate amount referred to in sub-section (2) of section 44BB of the Income-tax Act, 1961, is the sole question in the present appeal.
2. A similar question has been decided against the assessee by this Court in Commissioner of Income-tax and another versus Halliburton Offshore Services Inc., reported in [2008] 300 ITR 265. Following the said judgment of this Court, we also answer the question against the assessee and, accordingly, dispose of the appeal.
(U.C. Dhyani, J.) (Barin Ghosh, C.J.)
08.08.2012
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