2010 (10) TMI 975

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.... CIT-DR. ORDER PER RAJPAL YADAV, JM : The present appeal is directed at the instance of the assessee against the order of learned CIT(A) dated 16.2.2010 passed for AY 2006-07. 2. The grievance of the assessee relates to inclusion of reimbursement revenue amounting to Rs. 2,24,21,980/- as well as mobilization of rig amounting to Rs. 5,35,40,616/- in the total amount referred to in sub-s....

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....nsportation of the rig, Ensco 53 outside Indian territorial waters was excluded by the assessee from the total receipt meant for Section 44BB. The stand of the assessee is that both these receipts are not includible in the gross receipts upon which tax at the rate of 10% u/s 44BB was to be levied. 4. The Assessing Officer rejected both these contentions of the assessee and included both these a....

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....y the order of the Hon'ble High Court of Uttarakhand in the case of CIT Vs. Halliburton Offshore Services Inc. in 300 ITR 263. 2. In response to the above, we submit that the above order has been challenged in the Hon'ble Supreme Court of India and the issue is presently in litigation. However, as of the moment, the matter is covered by the order of the jurisdictional High Court. Following ....

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....d held that both these amounts are includible in the total receipt provided u/s 44BB for levy of tax at the rate of 10%. 7. Before us, learned counsel was unable to controvert the finding recorded by the learned CIT(A). He could not bring any decision of the Hon'ble Supreme Court contrary to the decision of Hon'ble Jurisdictional High Court. His submission was that the issue is pending ....