M/S TRANSOCEAN OFFSHORE INTERNATIONAL VENTURES LTD V. DEPUTY COMMISSIONER OF INCOME TAX

ITA/31/2011

AI Insights

The case involves M/s Transocean Offshore International Ventures Limited, which filed two separate appeals against the Deputy Commissioner of Income-tax, Circle -1, Dehradun, and the Additional Director of Income-tax, International Taxation, Dehradun, respectively. The appeals were related to questions of law concerning income tax assessments. The High Court of Uttarakhand at Nainital dismissed both appeals, referencing two prior judgments that had addressed similar legal questions and ruled against the assessee. The court's decision was based on the principle of stare decisis, adhering to the precedents set in the earlier cases.

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 768725 (HC-UTTARAKHAND)
• Appeal Type: Others
• Pronouncement Date: 16-09-2011
• Assessment Year: misc
• Other Referred Cases: Sedco Forex International Inc vs Commissioner of Income-Tax and another, Commissioner of Income-Tax and another vs Halliburton Offshore Services Inc
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: ARVIND VASHISTH
• Assessee Lawyers: S K POSTI
• Keywords: Income Tax; International Taxation; Legal Precedent; Judgment Dismissal
• Section: 299 ITR 238; 300 ITR 265

Judgement Text

"IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Income Tax Appeal No. 31 of 2011 M/s Transocean Offshore International Ventures Limited, C/o NANGIA & Co. Suit - 4A, Plaza – M 6, Jasola, New Delhi -110025. ………….. Appellant Versus The Deputy Commissioner of Income- tax, Circle -1, Dehradun .…...……… Respondent Present: Mr. S.K. Posti, Advocate for the appellant. Mr. Arvind Vashisth, Advocate for the respondent. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble U.C. Dhyani, Judge Date: 16th September, 2011 JUDGMENT Barin Ghosh, C. J. (Oral) The questions of law posed in this appeal and indicated as such in sub-paragraphs (a), (b) & (d) of paragraph 3 of the memorandum of appeal are covered by a judgment of this Court rendered in the case of Sedco Forex International Inc versus Commissioner of Income-Tax and another, reported in [2008] 299 ITR 238 (Uttarakhand). The said questions have been answered against the assessee, whose case in the said judgment was identical to the case of the appellant herein. 2. The question posed in sub-paragraph (c) of paragraph 3 of the memorandum of appeal is also covered by a judgment of this Court rendered in the case of Commissioner of Income-Tax and another versus Halliburton Offshore Services Inc. reported in [2008] 300 ITR 265 (Uttarakhand). That judgment was also rendered against the assessee, whose case stood in the same position as of the appellant herein. 3. Following the said judgments of this Court, we also dismiss this appeal. (U.C. Dhyani, J.) ( Barin Ghosh, C.J.) 16.09.2011 16.09.2011 P. Singh 2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Income Tax Appeal No. 32 of 2011 M/s Transocean Offshore International Ventures Limited, C/o NANGIA & Co. Suit - 4A, Plaza – M 6, Jasola, New Delhi -110025. ………….. Appellant Versus The Additional Director of Income- tax, International Taxation, Dehradun. .…...……… Respondent Present: Mr. S.K. Posti, Advocate for the appellant. Mr. Arvind Vashisth, Advocate for the respondent. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble U.C. Dhyani, Judge Date: 16th September, 2011 JUDGMENT Barin Ghosh, C. J. (Oral) The questions of law posed in this appeal and indicated as such in sub-paragraphs (a), (b) & (d) of paragraph 3 of the memorandum of appeal are covered by a judgment of this Court rendered in the case of Sedco Forex International Inc versus Commissioner of Income-Tax and another, reported in [2008] 299 ITR 238 (Uttarakhand). The said questions have been answered against the assessee, whose case in the said judgment was identical to the case of the appellant herein. 2. The question posed in sub-paragraph (c) of paragraph 3 of the memorandum of appeal is also covered by a judgment of this Court rendered in the case of Commissioner of Income-Tax and another versus Halliburton Offshore Services Inc., reported in [2008] 300 ITR 265 (Uttarakhand). That judgment was also rendered against the assessee, whose case stood in the same position as of the appellant herein. 3. Following the said judgments of this Court, we also dismiss this appeal. (U.C. Dhyani, J.) ( Barin Ghosh, C.J.) 16.09.2011 16.09.2011 P. Singh "