2018 (10) TMI 1988 - AT - Income Tax

Assessment of appellant on a protective basis - AOP - Assessee had filed its income tax return offering the revenue received by it from this contract under section 44BB - HELD THAT:- There is no dispute on facts that there is no order against the assessee to challenge in the appeal. However, it is brought to our notice by the Ld. AR that the issue is no longer res integra, and the question whether or not the consortium Agreement dated 04/05/03 between Slumberger Asia Services Ltd and Transocean Offshore Deep water Drilling Pvt. Ltd., constitutes an AOP has been considered by the coordinate Bench of this Tribunal[2018 (3) TMI 1599 - ITAT NEW DELHI] for A. Y. 2008-09 and was answered in the negative ie., in favour of the assessee. Further it is submitted that following the same, in assessee’s own case [2018 (5) TMI 2139 - ITAT DELHI] a coordinate Bench of this Tribunal on identical grounds as are raised in these appeals, accepted the contentions of the assessee and allowed the appeals of the assessee.

Tribunal has been taking a consistent review that the Consortium agreement between the assessee and Transocean Offshore Deepwater Drilling Private Limited do not constitute an AOP and the Transocean Offshore Deepwater Drilling Inc being consortium member has rightly offered to tax the receipts under section 44BB in the return of income.

On the face of this consistent view taken by the Tribunal over a period of time, there’s no reason for us now to take a different view since no change of circumstances to affect the applicability of this consistent view for the years under consideration in these two appeals. No material is produced before us by revenue to take a different view and the one that was taken in the earlier years. In the circumstances where of the considered opinion that a view that was taken consistently in assessee’s own case file their earlier years shall not slightly be disturbed. We therefore while respectfully following the decisions of the coordinate bench is of this tribunal in assessee’s own case, allow the grounds of appeal in these two appeals also.