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2015 (6) TMI 436 - AT - Income TaxDeclaration of income under the provision of Section 44BB - Held that:- Revenue of the assessee is effectively connected with PE in India is concerned, it is found that the Assessing Officer has already examined the effective connection of the Revenue of the assessee with the PE in India while holding that the income of the assessee is taxable under sec. 44DA of the Act. As noted that the ruling of AAR in the case of Geophzika Torun SP. GO. [2009 (12) TMI 4 - AUTHORITY FOR ADVANCE RULINGS] has been confirmed in the case of DIT vs. OHM Ltd. (2012 (12) TMI 422 - DELHI HIGH COURT). The said judgment was followed in the assessment year 2008-09 in the case of PGS Geophysical AS (2014 (7) TMI 723 - DELHI HIGH COURT ). In the light of above judgments held that for the relevant assessment year i.e. 2008-09, the assessee is entitled to declare its income under the provisions of sec. 44BB of the Act. The Learned CIT(Appeals) was thus justified in holding so. - Decided in favour of assessee. Mobilization/demobilization of Vessel outside India - Held that:- In view of the CIT & Another Vs. Atwood Oceanics Pacific Ltd. [2010 (5) TMI 453 - UTTARAKHAND HIGH COURT] payments mentioned above, we hold that the revenue of ₹ 2,81,23,166/- arising from mobilization/demobilization of Vessel outside India is taxable. - Decided against assessee. Levy of Interest - Held that:- Interest u/s 234B & 234C is not chargeable, since assessee is a non-resident and as such tax is to be deducted at source by Indian party. The Hon’ble High Court in the case of DIT Vs. NGC Network Asia (2009 (1) TMI 174 - BOMBAY HIGH COURT ) and DIT Vs. Clifford Chance LLP [2009 (7) TMI 1215 - BOMBAY HIGH COURT] has decided issue in favour of assessee.
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