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2016 (2) TMI 501 - AT - Income TaxAssessment u/s 44BB - Including revenue from part of contract executed outside Indian taxable territory, for the purpose of aggregate amount referred under sub-section (2) of Section 44BB - Held that:- Revenue/receipt from mobilisation charges (i.e. for work performed outside India) received by the assessee has been rightly taken for the purpose of amount referred under sub-section (2) of Section 44BB of the Act by the Ld CIT(A) and thus no interference is required on his findings on the issue in dispute. Accordingly, this ground of appeal of the assessee is dismissed. Income from hiring of the vessels was rightly held as taxable under Section 44BB of the Act by the ld CIT(A) and no interference is required in finding of the ld CIT(A) on the issue in dispute. Retrospectivity of amendment - Held that:- The amendment brought by the Finance Act, 2011 cannot be made effect from the retrospective effect as that it adversely affects the interest of the assessee. We are in agreement with the findings of the Hon’ble Supreme Court in the case of Sedco Forex International Drilling Incorporation Vs. Commissioner of Income Tax, (2005 (11) TMI 25 - SUPREME Court ) that clarificatory provisions should be made applicable form the date when the main provision was introduced. In above judgment it is also held that if the amendment changes the law , it has to be prospective in nature. The Tribunal in the case of the assessee for AY 2008-09 cited above have already been dealt the arguments of the Commissioner of Income Tax(Departmental Representative ) that the effect of amendment carried out in Section 44BB and Section 44DA are not having retrospective effect Interest under section 234B - Held that:- Though the issue in dispute has already been decided in favour of the assessee by the Tribunal in AY 2008-09, but facts in the year under consideration may be different as regards to role of the assessee in getting lower or no deduction of certificate, following the judgement of the Jurisdictional High Court in the case of Jacabs Civil Incorporated (2010 (8) TMI 37 - DELHI HIGH COURT ) , we restore the issue to the file of Assessing Officer for verification of the fact , whether any certificate of lower or no deduction of tax was obtained and provided by the assessee to the payer, and if the answer is negative, no interest under section 234B of the Act is chargeable in the case of the assessee
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