M/S Transocean Offshore International Ventures Ltd v. The Assistant Commissioner Of Income-Tax

IN THE HIGH COURT OF UTTARAKHAND ATNAINITAL Income Tax Appeal No.42 of 2009 M/s Transocean Offshore International Ventures Ltd. ....Appellant Versus The Assistant Commissioner of Income-tax ….Respondents Mr. S.K. Posti, Advocate for the appellant. Mr. Arvind Vashistha, Advocate for the respondent. Coram: Hon’ble Prafulla C. Pant, J. Hon’ble V.K. Bist, J. Prafulla C. Pant, J. (Oral) Mr. S.K. Posti, Advocate present for the appellant. Mr. Arvind Vashishta, Advocate present for the respondent. Heard Mr. S.K. Posti, Advocate for the appellant and Mr. Arvind Vashistha, Advocate for the respondent and perused the impugned order dated 08.05.2009 passed by Income Tax Appellate Tribunal Bench ‘H’ New Delhi in ITA No.3354/Del/06 (assessment year 2004-05). The point involved in this appeal relates to the question whether the reimbursement of mobilization/demobilization made to the assessee are to be included in the gross receipts of the assessee for the purpose of Section 44BB of Income Tax Act, 1961. Said question has already been answered by this Court in its judgment and order dated 28.09.2007 passed in ITA No.280/2001 Sedco Forex International Inc. vs. CIT, (2008) 299 ITR 238) which is followed in judgment and order dated 24.04.2009 passed in ITA No.132/2007 CIT Dehradun & another vs. R & B Falcon Drilling Company. The impugned order shows that the Income Tax Appellate Tribunal has followed the view taken by the Division Bench of this Court. Therefore, this Court is not inclined to admit this appeal as the question of law raised has already been answered by this Court. Hence, the appeal is dismissed summarily. (V.K.Bist, J.) (P.C. Pant, J.) 15.09.2009 Arti