2005 (4) TMI 51

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....pellate Tribunal, New Delhi, has referred the following identical question of law involved in all the above cases under section 256(1) of the Income-tax Act, 1961, (hereinafter referred to as "the Act") for the opinion to this court: "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right to hold that the expenditure in question on payment of ....

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....ations of exploration and exploitation of oil and natural gas in off-shore and on-shore areas in India. In terms of the agreement, one PUMA helicopter with pilots and engineers to operate and maintain the helicopter, was provided by the contractor to the charterer. The agreement was terminated on December 31, 1986. The Assessing Officer has held that the payments made to the assessee-respondent....

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....ese cases, there was no question of subjecting the remuneration paid to the pilots/engineers under the Indian taxation laws we, therefore, hold that the assessees in question would not be exigible under the Indian taxation laws in view of article 16(2)(c) of the Double Taxation Avoidance Agreement". The learned standing counsel could not point out any error in the aforesaid finding of the Tribu....