TMI Blog2017 (8) TMI 738X X X X Extracts X X X X X X X X Extracts X X X X ..... posit - Held that:- As limited request of assessee is for a direction to direct the AO that if the same income is taxed in the succeeding year on receipt basis then the same should be deleted in previous year, in which it had been taxed based on accrual, to avoid double taxation, we agree with the submission of ld AR and we direct the Assessing Officer to delete the interest income if the same income is offered to tax by the assessee in the succeeding assessment year. Therefore, we allow CO.No.1 for statistical purposes. - ITA No.1866/Kol/2009 And CO No.89/Kol/2009 - - - Dated:- 28-4-2017 - SHRI N.V.VASUDEVAN, JM AND DR. A.L.SAINI, AM For The Revenue : Shri Rajat K Kureel JCIT DR For The Assessee : Shri Sushonita Basu, AR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pur, M.P., a Govt. of India undertaking and a wholly owned subsidiary of Coal India Ltd. for providing services at the Chirimiri Colliery Zero Seam Underground mines in the Chirimiri area of the said company. Subsequently, Kier International Partnership withdrew from the joint venture and joy Partnership became the sole executor of the contract. The scope of services include supervision and assistance in erection and commissioning of SECL`s equipment etc. The contract became operational from 01.11.2001. Later, the assessee entered in to other contracts with Western Coalfields ltd and Singareni Collieries Company ltd, also subsidiaries of Coal India Ltd, for providing services at their Collieries. Work under these contracts continued during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the said reconciliation statement the ld CIT(A) observed that this statement included an amount of ₹ 30,16,461/- which stood debited to the profit and loss account of the appellant due to grossing up but was not included in the gross salary of the expatriate employees reflected in the Form No. 16 issued to employees read with form No.24. The assessee explained that the said amount represents a part of the tax borne by the assessee on salary of its expatriate employees, which was computed in accordance with the method stated in the decision rendered by the Special Bench of the Hon`ble ITAT, Delhi in RBF Rig Corporation Vs. ACIT. It is also true that regarding the applicability of the provisions of section 40(a) (v) of the Act, the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of the ld CIT(A) for the A.Y.2005-06 before the Hon`ble ITAT. The Assessee filed the following Cross Objections(CO-89/09): 1. that on the facts and circumstances of the case the ld CIT(A) erred in upholding the action of the Assessing Officer on account of addition of ₹ 4,08,031/- being interest on fixed deposit. 2. that on the facts and circumstances of the case the ld CIT(A) erred in upholding the levy of interest under section 234B of the Act. 6. The ground No.1 and 2 raised by the Revenue relate to relief provided by the ld CIT(A) of ₹ 30,16,461/- to the assessee by deleting the disallowance made by the assessing officer U/s 40(a)(v) of the I.T. Act1961 6.1 Ld counsel for the assessee has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reover, exemption under section 10(10CC) of the Act has also not been claimed. On perusing the same, it would be clear that the assessee has paid tax on tax and not claimed exemption under section 10(10CC) of the Act. 6.2 On the other hand, ld DR for the Revenue has primarily reiterated the stand taken by the Assessing Officer which we have already noted in our earlier para and is not being repeated for the sake of brevity. 6.3 Having heard the rival submissions and perused the material available on record, we noticed that the exemption under section 10(10CC) of the Act is not applicable as the tax borne by employer has already been grossed up. Moreover, exemption under section 10(10CC) of the Act has also not been claimed by the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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