Siem Offshore Inc. v. The Deputy Director of Income-tax
[Citation -2020-LL-1124-52]

Citation 2020-LL-1124-52
Appellant Name Siem Offshore Inc.
Respondent Name The Deputy Director of Income-tax
Court HIGH COURT OF UTTARAKHAND AT NAINITAL
Relevant Act Income-tax
Date of Order 24/11/2020
Judgment View Judgment
Keyword Tags reimbursement of expense


IN HIGH COURT OF UTTARAKHAND AT NAINITAL Income Tax Appeal No. 43 of 2015 M/s Siem Offshore Inc. .Appellant Versus Deputy Director of Income Tax .Respondent Shri Pulak Raj Mullick, learned counsel for appellant. Shri Hari Mohan Bhatia, learned counsel for respondent. JUDGMENT 24th November, 2020 Coram: Hon ble Ravi Malimath, A.C.J. Hon ble Ravindra Maithani, J. RAVI MALIMATH, A.C.J. (Oral) following substantial questions of law arise for consideration in this appeal: a. Whether on facts and circumstances of case and in law, Tribunal erred in law in holding that charges amounting to Rs.5,88,57,523/- received by appellant on account of vessel operated outside India were to be included in calculating aggregate amount referred to in sub-section (2) of Section 44BB of Act. b. Whether on facts and circumstances of case and in law, Tribunal erred in law in holding that reimbursement of actual charges amounting to Rs.64,12,645/- received by appellant were to be included in calculating aggregate amount referred to in sub-section (2) of Section 44BB of Act . 2. Learned counsels submit that substantial questions of law have already been answered by Hon ble Supreme Court in case of Oil and Natural Gas Corporation Ltd. vs. Commissioner of Income Tax and others reported in 376 ITR 306. 3. In view of submissions made, appeal is disposed off. substantial questions of law are answered in favour of revenue and against assessee by following judgment of Hon ble Supreme Court in case of Oil and Natural Gas Corporation Ltd. vs. Commissioner of Income Tax and others reported in 376 ITR 306. (Ravindra Maithani, J.) (Ravi Malimath) ACJ NK 2 Siem Offshore Inc. v. Deputy Director of Income-tax
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