DCIT, Dehradun v. M/s. Transocean Offshore International Ventures Ltd as agent of Mr. Fyfe John James, Mumbai

ITA 2992/DEL/2010 | misc
Pronouncement Date: 27-08-2010

Appeal Details

RSA Number 299220114 RSA 2010
Assessee PAN AABCT6720C
Bench Delhi
Appeal Number ITA 2992/DEL/2010
Duration Of Justice 40 year(s) 7 month(s) 25 day(s)
Appellant DCIT, Dehradun
Respondent M/s. Transocean Offshore International Ventures Ltd as agent of Mr. Fyfe John James, Mumbai
Appeal Type Income Tax Appeal
Pronouncement Date 27-08-2010
Appeal Filed By Department
Assessment Year misc
Appeal Filed On 01-01-1970
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH H NEW DELHI) BEFORE SHRI A.D. JAIN JUDICIAL MEMBER AND SHRI R.C . SHARMA ACCOUNTANT MEMBER ITA. NO.2983/D/2010 ASSESSMENT YEAR: 2007-08 DY. DIRECTOR OF INCOME-TAX VS. M/S TRANSOCEAN OFF SHORE INTERNATIONAL TAXATION DEEPWATER DRILLING INC. AS DEHRADUN AN AGENT OF MR. LEONARD PAN NO.AABCT 6720 C FRANCIS B. ITA. NO.2984/D/2010 ASSESSMENT YEAR: 2007-08 DY. DIRECTOR OF INCOME-TAX VS. M/S TRANSOCEAN OFF SHORE INTERNATIONAL TAXATION INTERNATIONAL VENTURES LTD. DEHRADUN AS AN AGENT OF MR. NEILSEN PAN NO.TOIVL-120 EGON. ITA. NO.2985/D/2010 ASSESSMENT YEAR: 2007-08 DY. DIRECTOR OF INCOME-TAX VS. M/S TRANSOCEAN OFF SHORE INTERNATIONAL TAXATION INTERNATIONAL VENTURES LTD. DEHRADUN AS AN AGENT OF MR. LASSUS PAN NO.TOIVL-115 CHRISTIAN ITA. NO.2986/D/2010 ASSESSMENT YEAR: 2007-08 DY. DIRECTOR OF INCOME-TAX VS. M/S TRANSOCEAN OFF SHORE INTERNATIONAL TAXATION INTERNATIONAL VENTURES LTD. DEHRADUN AS AN AGENT OF MR. MELLOR PAN NO.TOIVL-96 JAMES JAN. ITA. NO.2987/D/2010 ASSESSMENT YEAR: 2007-08 2 DY. DIRECTOR OF INCOME-TAX VS. M/S TRANSOCEAN OFF SHORE INTERNATIONAL TAXATION INTERNATIONAL VENTURES LTD. DEHRADUN AS AN AGENT OF MR. HOLDEN PAN NO.TOIVL-81 TIMOTHY JOHN. ITA. NO.2988/D/2010 ASSESSMENT YEAR: 2007-08 DY. DIRECTOR OF INCOME-TAX VS. M/S TRANSOCEAN OFF SHORE INTERNATIONAL TAXATION INTERNATIONAL VENTURES LTD. DEHRADUN AS AN AGENT OF MR. DAVIS PAN NO.AABCT 7361 B BILL D. ITA. NO.2989/D/2010 ASSESSMENT YEAR: 2007-08 DY. DIRECTOR OF INCOME-TAX VS. M/S TRANSOCEAN OFF SHORE INTERNATIONAL TAXATION INTERNATIONAL VENTURES LTD. DEHRADUN AS AN AGENT OF MR. ROBIN PAN NO.AABCT 7361 B TERRY J. ITA. NO.2990/D/2010 ASSESSMENT YEAR: 2007-08 DY. DIRECTOR OF INCOME-TAX VS. M/S TRANSOCEAN OFF SHORE INTERNATIONAL TAXATION INTERNATIONAL VENTURES LTD. DEHRADUN AS AN AGENT OF MR. REAPER PAN NO.AABCT 7361 B DEREK. ITA. NO.2991/D/2010 ASSESSMENT YEAR: 2007-08 DY. DIRECTOR OF INCOME-TAX VS. M/S TRANSOCEAN OFF SHORE INTERNATIONAL TAXATION INTERNATIONAL VENTURES LTD. DEHRADUN AS AN AGENT OF MR. FUENTE PAN NO.AABCT 7361 B ARRIAGA. 3 ITA. NO.2992/D/2010 ASSESSMENT YEAR: 2007-08 DY. DIRECTOR OF INCOME-TAX VS. M/S TRANSOCEAN OFF SHORE INTERNATIONAL TAXATION INTERNATIONAL VENTURES LTD. DEHRADUN AS AN AGENT OF MR. EYFE PAN NO.AABCT 7361 B JOHN JAMES. ITA. NO.2993/D/2010 ASSESSMENT YEAR: 2007-08 DY. DIRECTOR OF INCOME-TAX VS. M/S TRANSOCEAN OFF SHORE INTERNATIONAL TAXATION INTERNATIONAL VENTURES LTD. DEHRADUN AS AN AGENT OF MR. FLYNN PAN NO.AABCT 6720 C TONY B. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI Y.K. KAKKAR DR RESPONDENT BY : SHRI NEERAJ SHARMA CA ORDER PER BENCH: THESE ARE THE APPEALS FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A)-I DEHRADUN DATED 05.02.2010 FOR THE ASSESS MENT YEAR 2007- 08 IN THE MATTER OF ORDER PASSED BY THE ASSESSING OFFICER U/S 143(3) OF THE INCOME-TAX ACT. THE COMMON ISSUE RAISED I N ALL THE APPEALS READS AS UNDER:- ON THE FACTS AND CIRCUMSTANCES OF THE CASE LEARNE D CIT(A) HAS ERRED IN HOLDING THAT TAXES PAID BY EMPL OYER ON BEHALF OF THE EMPLOYEE DO NOT CONSTITUTE MONETAR Y PAYMENT AND ARE TO BE CONSIDERED AS PERQUISITES U/S 17(2) OF THE ACT. 4 2. WE HAVE GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW AND FOUND THAT THE ASSESSEE CLAIMED EXEMPTION U/S 10(10 CC) IN RESPECT OF PERQUISITES NOT PROVIDED FOR BY THE MONETARY PAY MENT. CONTENTION OF ASSESSEE BEFORE THE ASSESSING OFFICER WAS THAT T AX PAID BY THE EMPLOYER IN RESPECT OF PERQUISITES NOT PROVIDED FOR BY THE MONETARY PAYMENT WITHIN THE MEANING OF SECTION 17(2) OF THE ACT IS ELIGIBLE FOR EXEMPTION U/S 10(10CC) OF THE INCOME-TAX ACT. HOWE VER THE ASSESSING OFFICER DID NOT AGREE WITH THE ASSESSEES CONTENTION AND BROUGHT TO TAX NET. THE AMOUNT OF TAX PAID IN RESP ECT OF PERQUISITE NOT PROVIDED FOR BY WAY OF MONETARY PAYMENT. 3. BY THE IMPUGNED ORDER THE CIT(A) AFTER REFERRIN G ANY DETAIL THE ORDER OF ITAT IN THE CASE OF .. DELETED THE ADDITION BY OBSERVING THAT SUCH TAX PAYMENT WAS PAID BY EMPLOYE R IS EXEMPT U/S 10(10CC) OF THE INCOME-TAX ACT. REVENUE IS IN FURT HER APPEAL BEFORE US. 4. LEARNED DR RELIED ON THE ORDER OF THE ASSESSING OFFICER WHEREAS THE LEARNED AR RELIED ON THE ORDER OF ITAT SPECIAL BENCH IN CASE OF ..(SUPRA) WHICH WAS RELIED UPON BY CIT(A) IN HIS ORDER. 5. WE HAVE GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW AND FOUND THAT THE ISSUE WITH RESPECT TO TAXABILITY OF THE AMOUNT OF INCOME-TAX PAID BY THE EMPLOYER IN RESPECT OF PERQU ISITES NOT PROVIDED FOR BY WAY OF MONETARY PAYMENT WAS CONSIDE RED BY THE ITAT SPECIAL BENCH IN CASE OF .. WHEREI N 5 FOLLOWING FINDINGS WERE RECORDED BY THE TRIBUNAL AN D SAME WAS HELD TO BE EXEMPT U/S 10(10CC) OF THE INCOME-TAX ACT. 6. AS THE FACTS AND CIRCUMSTANCES IN ALL THE APPEAL S BEFORE US ARE IN PARI MATERIA RESPECTFULLY FOLLOWING THE DECISIO N OF THE ITAT SPECIAL BENCH WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF CIT(A) FOR TREATING THE TAX PAID BY THE EMPLOYER IN RESPECT OF PERQUISI TE NOT PROVIDED FOR BY WAY OF MONETARY PAYMENT WITHIN THE MEANING OF SE CTION 7(2) OF THE INCOME-TAX ACT AS EXEMPT U/S 10(10CC) OF THE INCOM E-TAX ACT. 7. IN RESULT ALL THE APPEALS OF THE REVENUE ARE DI SMISSED. THIS ORDER WAS PRONOUNCED IN OPEN COURT ON .08.201 0. ( A.D. JAIN ) ( R.C. SHARMA ) JUDICIAL MEMBER ACCOUNTANT ME MBER DT. .08.2010. NS COPY FORWARDED TO:- 1. DY. DIRECTOR OF INCOME-TAX INTERNATIONAL TAXATI ON DEHRADUN. 2. M/S TRANSOCEAN OFFSHORE DEEPWATER DRILLING INC A S AN AGENT OF (I) MR. LEONARD FRANCIS B. (II) MR. NEILSEN EGON (III) MR. LASSUS CHRISTIAN (IV) MR. MELLOR JAMES IAN (V) MR. HOLD EN TIMOTHY JOHN (VI) MR. DAVKIS BILL D. (VII) MR. ROBIN TERR Y J. (VIII) MR. REAPER DEREK (IX) MR. FUENTE ARRIAGA (X) MR. FYF E JOHN JAMES & (XI) MR. FLYNN TONY B. 1 ST FLOOR SPECTRA HIGH STREET 6 TRANSOCEAN HOUSE LAKE BOULEVARD ROAD HIRANANDANI BUSINESS PARK POWAI MUMBAI-76. 3. THE CIT 4. THE CIT (A) NEW DELHI. 5. THE DR ITAT LOKNAYAK BHAWAN KHAN MARKET NEW DELHI. TRUE COPY BY ORDER (ITAT NEW DELHI).