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2018 (4) TMI 247 - ITAT DELHIMobilization charges received by the assessee - Held that:- Issue covered against the assessee and in favour of the revenue by the judgment of the Hon’ble Apex Court in the case of Sedco Forex International Inc. Vs. CIT & Another reported (2017 (11) TMI 78 - SUPREME COURT) Receipt of mobilization of rigs ‘DDKG1’and ‘DDKG2’ outside Indian territorial waters and included in the gross receipts u/s 44BB Uttarakhand High Court in the case of CIT vs Halliburton Offshore Services Inc. (2007 (9) TMI 230 - UTTARAKHAND HIGH COURT) wherein the Uttarakhand High Court had held that reimbursement of expenses were includible in the gross receipts for purposes of determination of income u/s 44BB of the Act. Interest received on income tax refund taxed by the lower authorities at maximum marginal rate - Held that:- Interest on income tax refund is not to be included in the presumptive income and is to be charged to tax @ 15% as prescribed by Article XI of the Indo US Double Taxation Avoidance Agreement. See Asstt. CIT Versus Clough Engineering Ltd. [2011 (5) TMI 562 - ITAT, DELHI]. Thus, ground is allowed in favour of the assessee.
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