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2019 (5) TMI 424 - AT - Income TaxDetermination of income u/s 44BB - Receipts on account of reimbursements of expenses were includable in the gross receipts - HELD THAT:- Assessee was engaged in the business of providing offshore supply vessel in respect of all the contracts mentioned in the Assessment Order. In the present case also the amount which is paid to the assessee is towards the expenses incurred on behalf of the payer and no where mentions that it is for reimbursement of expenses. The assessee also relied upon the decision of Sedco Forex International Inc. which is now decided by the Hon’ble Apex Court [2017 (11) TMI 78 - SUPREME COURT] against the assessee. Receipts qualified for determination of income under Section 44BB of the Act has been decided in favour of the assessee in assessee’s own case for A.Y. 2011-12 Taxability of receipts on account of mobilization for the activities carried outside Indian Territorial Waters - includibie in the revenue taxable u/s 44BB - HELD THAT:- The provision of Section 44BB considers inclusion of all kind of amount paid or payable to the assessee or to any person on his behalf on account of the provision of services or facilities in connection with, or supply of plant and machinery on hire used, or to be used, in the prospecting for, or extraction or production of mineral oils in India. Thus, both the grounds are dismissed.
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