Commissioner of Income-tax (IT)-2 v. Helix Energy Solutions Group INC - 2019-LL-0819-93

Citation	2019-LL-0819-93
Appellant Name	Commissioner of Income-tax (IT)-2
Respondent Name	Helix Energy Solutions Group INC
Court	HIGH COURT OF BOMBAY
Relevant Act	Income-tax
Date of Order	19/08/2019
Assessment Year	2010-11
Judgment	View Judgment
Keyword Tags	permanent establishment • levy of interest
Bot Summary:	The Revenue has urged following question of law for our consideration : Whether on the facts and the circumstances of the case and in law, the tribunal has erred in holding that the interest u/s 234B is not leviable following the decision of the jurisdictional High Court in the case of DIT(IT) Vs. NGC Network Asia LLC 2 13.2 ITXA 811-17.doc 3. It was an accepted position between the parties that issue arising herein stands concluded against the Revenue and in favour of the Respondent assessee by the decision of this Court in DIT(IT) Vs. NGC Network Asia LLC, 313 ITR page 187. Before us Mr.Tejveer Singh, learned counsel for the Appellant seeks to make a distinction to the effect that the Respondent herein has a Permanent Establishment in India and therefore, decision of this Court in DIT(IT) Vs. NGC will not apply. We find that the Revenue had before the Tribunal conceded the position that the NGC Network Asia would apply to the present facts and the appeal of the Revenue was dismissed. Having conceded the issue before the Tribunal, it is not now open to the Revenue to urge that the very issue as a substantial question of law before this Court as held by this Court in Mahalaxmi Glass Works Pvt. Ltd. vs. Commissioner of Income Tax 318 ITR 116 Bom. The question as proposed does not give rise to any substantial question of law.

IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 811 OF 2017 Commissioner of Income Tax (IT) - 2 .. Appellant Vs M/s. Helix Energy Solutions Group INC .. Respondent Mr.Tejveer Singh, for Appellant. CORAM : M.S.SANKLECHA & NITIN JAMDAR, JJ. Date : 19 August, 2019. P.C. : This Appeal under section 260 of Income Tax Act 1961 (the Act), challenges order dated 15 April 2016 passed by Income Tax Appellate Tribunal, Mumbai (Tribunal). Appeal relates to Assessment Year 2010-2011. 2. Revenue has urged following question of law for our consideration : Whether on facts and circumstances of case and in law, tribunal has erred in holding that interest u/s 234B is not leviable following decision of jurisdictional High Court in case of DIT(IT) Vs. NGC Network Asia LLC ? 2 13.2 ITXA 811-17.doc 3. It was accepted position between parties that issue arising herein stands concluded against Revenue and in favour of Respondent assessee by decision of this Court in DIT(IT) Vs. NGC Network Asia LLC, 313 ITR page 187. 4. Before us Mr.Tejveer Singh, learned counsel for Appellant seeks to make distinction to effect that Respondent herein has Permanent Establishment in India and therefore, decision of this Court in DIT(IT) Vs. NGC (supra) will not apply. 5. We find that Revenue had before Tribunal conceded position that NGC Network Asia (supra) would apply to present facts and appeal of Revenue was dismissed. Having conceded issue before Tribunal, it is not now open to Revenue to urge that very issue as substantial question of law before this Court as held by this Court in Mahalaxmi Glass Works Pvt. Ltd. vs. Commissioner of Income Tax 318 ITR 116 Bom. Therefore, question as proposed does not give rise to any substantial question of law. Thus not entertained. 6. Appeal dismissed. (NITIN JAMDAR, J.) (M.S.SANKLECHA, J.) Commissioner of Income-tax (IT)-2 v. Helix Energy Solutions Group INC

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