2016-TII-INSTANT-ALL-338
11 July 2016   
TII CASES

INTL TAXATION

ADIT Vs HALLIBURTON OFFSHORE SERVICES INC
In Favour Of : Partly Allowed
2016-TII-158-ITAT-DEL-INTL

Whether the consideration received for rendering services in connection with prospecting for or extraction or production of mineral oil though effectively connected with PE or fixed place of profession, will be assessable u/s 44BB(1) and not u/s 44DA as FTS - YES: ITAT Whether service tax being statutory obligation shall not be included in the gross receipts as per provision of section 44BB - YES: ITAT Whether the revenue of the second leg contracts are also eligible for benefit of preferential tax treatment provided u/s 44BB - YES: ITAT Whether where a non-resident assessee earns an income on which tax is deductible u/s 195, he is not required to pay advance tax u/s 209(1)(d) and consequently he is not liable to pay interest u/s 234B-C - YES: ITAT Whether the gross receipt from installation and training of seismic software is chargeable to tax u/s 44BB - YES: ITAT Whether the amendment made by the Finance Act 2010 including the provisions of section 44BA in the first proviso is retrospective in nature - NO: ITAT Whether customs duty being a statutory levy, can be included in gross receipt for the purpose of presumptive taxation u/s 44BB - NO: ITAT New Delhi ITAT

TII Circular/Notification

Circular No : 26

IBUs are offshore banking units; No need to deduct tax on interest paid by IBUs on deposit made by non-resident

Notification No : 56

Income Declaration Scheme - CBDT mandates no information to be disclosed before any authority

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