TaxTMI 
TaxTMI 
TaxTMI 
2021 (7) TMI 182
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....2-35/CIT(A)-2/2014-15 for assessment years 2009-10 & 2010-11 respectively passed by the Ld. Commissioner of Income Tax (Appeals)-2, Noida (in Short "Ld. CIT(A)"), on the following common grounds: "Ground No.1 The learned CIT (A) has erred on facts and in law in holding that appeal filed by Transocean Offshore Deepwater Drilling Inc.(herein after referred to as 'TODDI' or the 'Appellant') is not maintainable since the impugned order is passed by Assessing Officer ('AO') on the alleged Association of Persons ('AoP') of Schlumberger Asia Services Limited ('SASL') and TODDI and not against the Appellant (i.e TODDI). The learned CIT (A) has not appreciated that the Appellant is an aggrieved party as a result of the impugned order. Ground N....
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....4-05-2003 and entered into a Memorandum of Understanding dated 28.05.2003. Subsequently ONGC awarded the tender to the consortium. 2.1 The assessee, in individual capacity, had filed its income tax return offering the revenue received by it from this contract under section 44BB of the Income Tax Act, 1961 (in Short " the Act"). The case of the assessee was selected for scrutiny and the Assessing Officer (AO) passed the assessment order and proposed to complete the assessment holding that the consortium between TODDI and SASL (Assessee) constituted an Association of Person under the provisions of the Act and assessed the contractual revenue on protective basis in the hands of the assessee. In appeal the Ld. CIT (A) held that the consortium ....
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....o the same, the assessee filed its reply reiterating therein that the consortium did not constitute an AOP. On query by the AO, the assessee submitted that based on the same facts and circumstances as in the assessment year under consideration, the Ld. CIT (A)-II, Dehradun had held in appeal Nos. 121/CIT(A)-II/2013-14 and 118/CIT(A)- II/2013-14 for assessment years 2007-08 and AY 2008-09 respectively that the consortium of assessee and SASL did not constitute an Association of Persons (AOP). Thereafter, the AO completed the assessment vide order dated 25.7.2014 passed u/s. 143(3)/147/144 of the Act by holding that the consortium of assessee and TODDI constituted an AOP and the income from the contract was estimated by applying an ad hoc pr....
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....1-12, vide Order dated 25.08.2014 and 07.03,2013 respectively, has held that there was no AOP of Schlumberger Asia Services Limited and Transocean Offshore Deepwater Drilling Inc. during the year under consideration. This issue has also been decided in Appeal no. 121 /CIT(A)-II/2013- 14 and 118/CIT(A)-II/2013-14 for the AY 2007-08 and 2008-09 by the predecessor CIT(A) holding that there was no AOP of Schlumberger Asia Services Limited and Transocean Offshore Deepwater Drilling Inc. in those years as well. 6.2 A perusal of the grounds of Appeal and statement of facts filed along with the Form of Appeal in the present case before me would show that Assessment Order has been passed in the case of AOP of Schlumberger Asia Services Ltd. and ....
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....4465 and 4466/Del/2014 a coordinate Bench of this Tribunal, on identical grounds as are raised in these appeals, accepted the contentions of the assessee and allowed the appeals of the assessee. 5.2 A copy of the above order dated 07.05.2018 in ITA Nos. 4465 and 4466/DEL/2014 was produced before us and relevant portion reads as follows: "8. In so far as the appeal of the assessee is concern, the same will have consequential effect in line with the order of the Tribunal in the case of the AOP and in view of our finding given above for the same Assessment Years 2007-08 and 2008-09. Thus, appeal of the assessee as well as the Revenue is partly allowed." 5.3 It is, therefore, clear from the above that the grounds of this appeal are substa....