Schlumberger Asia Services Limited , Dehradun V. The Deputy Director of Income Tax Circle-2 (International Taxation), Dehradun

ITA 20/DDN/2022

• Counselvise Citation: [2024] 130 COUNSELVISE.COM (IT) 3377 (ITAT-DEHRADUN)
• Duration Of Justice: 1 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Next Hearing Date: 22-01-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 17-04-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MAYANK KUMAR
• Assessee Lawyers: AMIT ARORA
• Keywords: Transfer pricing; International transaction
• Section: 143(3); 244A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH ‘DB’, DEHRADUN Before Dr. B. R. R. Kumar, Accountant Member Sh. Anubhav Sharma, Judicial Member ITA No. 20/DDN/2022 : Asstt. Year : 2018-19 Schlumberger Asia Services Ltd., C/o Nangia & Co., 1 st Floor, IDA, 46, E. C. Road, Dehradun-248001 Vs DCIT, Circle-2, International Transaction, Dehradun-248001 (APPELLANT) (RESPONDENT) PAN No. AADCS1107J Assessee by: Sh. Amit Arora, Adv. Revenue by: Sh. Mayank Kumar, Addl. CIT DR Date of Hearing: 23.01.2024 Date of Pronouncement: 11.03.2024 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the order of dated 09.02.2022 passed by the AO u/s 143(3) r.w.s. 144C(13). 2. Heard the arguments of both the parties and perused the material available on record. “GROUND No. 1: Revenue in respect of certain services incorrectly held to be in the nature of fees for technical services and taxed u/s 440A of the Act, instead of section 44BB, as claimed by the Appellant. 3. This ground stands covered by the order of the ITAT in the case of the assessee for A.Y. 2013-14, A.Y. 2014-15 and A.Y. 2015-16 in ITA NO. 5223/Del/2018. Hence, the same ratio applies. GROUND No. 2: Service-tax/GST receipts held chargeable to tax ITA No 20/DDN/2022 Schlumberger Asia Services Ltd. 2 4. This ground stands covered by the order of the ITAT in the case of the assessee for A.Y. 2015-16 in ITA No. 5223/Del/2018. In the instant case, the Tribunal relied upon the decision of Hon’ble Uttarakhand in assessee’s own case reported at 414 ITR 1 and the Hon’ble Supreme Court dismiss the petition of the Revenue for the earlier year. Hence, the same ratio applies. GROUND No. 3: Interest on income tax refund held to be chargeable to tax at Maximum Marginal Rate of tax. 5. This ground stands covered by the order of the ITAT in the case of the assessee for A.Y. 2015-16 in ITA No. 5223/Del/2018. The Tribunal at page no. 29 at para 10.10 held that the interest on refund u/s 244A of the Income Tax Act, 1961 arising to a foreign company would be taxed at Maximum Marginal Rate. Hence, the same ratio applies. The appeal of the assessee on this ground is dismissed. 6. In the result, the appeal of the assessee is partly allowed. Order Pronounced in the Open Court on 11/03/2024. Sd/- Sd/- (Anubhav Sharma) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 11/03/2024 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR