Income by non resident company is to be taxed only after considering the provision of DTAA

Last updated: 11 August 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
The grounds of appeal read as under:- i) The Ld. Commissioner of Income Tax (A)-II, Dehradun has erred in law and in the facts and circumstances of the case in upholding the order passed by the Assessing Officer u/s. 143(3)/254 of the I.T. Act, 1961, whereby the receipts of Noble Denton and Associates Ltd. from Oil and Natural Gas Corporation Limited were brought to tax u/s. 44D read with section 115A of the I.T. Act, 1961, and in not directing the Assessing Officer to treat such receipts as exempt from tax in India. ii) Without prejudice to the preceding ground, the Ld. Commissioner of Income Tax (A)-II, Dehradun has erred in law and in the facts and circumstances of the case in not directing the Assessing Officer to bring the receipts of Noble Denton and Associates Ltd. from Oil and Natural Gas Corporation Limited to tax u/s. 44BB of the Income Tax Act, 1961

Citation :
ONGC as representative assessee of Noble Denton & Associates Ltd., C/o DGM (F&A)- I/c, CTD, Oil and Natural Gas Corporation Ltd., Corporate Tax Division, Room No. 244, Old Secretariat Building,Tel Bhavan, Dehradun – 248003 (PAN: AAACO1598A) (Appellant) Vs. Dy. Director of Income Tax, International Taxation, Aayakar Bhavan, 13-A, Subhash Road, Dehradun – 248 001 (Respondent)