TMI Blog2009 (7) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... for the purposes of deemed profits unlike the other amounts received towards reimbursement - 204 of 2007 - - - Dated:- 24-7-2009 - Hon'ble Prafulla C. Pant, J. and Hon'ble B.S. Verma, J. Shri Arvind Vashistha and Ms. Monica Pant, Advocates for the appellants. Shri N. Venkatraman, Sr. Advocate assisted by Shri Chetan Joshi, Advocate for the respondent. JUDGMENT Prafulla C. Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... short SASL), is a company incorporated under the laws of Hongkong, which filed its return of income on 31.10.2002, declaring income of Rs. 19,60,06,200/-. The Assessing Officer (for short A.O.) noticed that SASL has not offered for tax on certain amounts, received by it towards the reimbursement of expenses, which included custom duty, and accordingly assessed the income to Rs. 19,72,63,659/-. Ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the assessee or to any person on his behalf on account of the provision of services and 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; and b) The amount received or deemed to be received in India by or on behalf of the assessee on account of the provision of services ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount on which 10% profits under sub-section (1) of Section 44 BB of the Act. Perusal of the aforesaid case laws, show that these relate to fright and transportation charges, mobilisation charges, supply of spare parts, catering charges and fuel charges. None of these cases refer to the reimbursement of the custom duty to the assessee. 7. Learned counsel for the respondent submitted that for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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