2017 (9) TMI 1999 - AT - Income Tax

Income taxable in India - Income received for executing the Offshore Supply Contract - offshore Supply contracts were 'carried and concluded' outside India - HELD THAT - The issue stands covered in favour the assessee by the orders of the Tribunal for the AY. s. 2007-08, 2008-09, 2011-12 2017 (4) TMI 758 - ITAT MUMBAI as held since, supply of materials and equipments under the off-shore supply contracts were carried out and concluded outside India, the receipts from offshore supply contracts cannot be deemed to accrue or arise in India as per section 9(1) and DTAA provisions and accordingly, not chargeable to tax. The receipts thereof do not form part of receipts for the purpose of computational provisions of section 44BBB. Explanation-4 could not overcome the limitation imposed by Explanation-l(a) to section 9(i)(i) and hence, the impugned income do not form part of business receipts for computation of income u/s 44BBB . Decided in favour of assessee.

Summary

Issues:
Taxability of amount received under offshore supply contracts in India.

Analysis:
The case involved an appeal by the Assessee, a joint stock company under the Ministry of Atomic Energy, Russian Federation, engaged in commissioning turnkey power projects, against the assessment by the Assessing Officer (AO) under the Income-tax Act, 1961. The dispute revolved around taxing the amount of Rs. 183.78 crores received by the Assessee in India for executing an Offshore Supply Contract with Nuclear Power Corporation of India Ltd. (NPCIL). The AO held the income from offshore service and supply contracts taxable in India under section 44BBB of the Act. However, the representatives of both sides agreed that previous Tribunal orders for different assessment years favored the Assessee, stating that amounts received under offshore contracts were not taxable in India under section 44BBB.

The Tribunal analyzed the issue of taxability of amounts received for the supply of materials and equipment under offshore supply contracts. Referring to previous orders, the Tribunal concluded that since the supply contracts were carried out and concluded outside India, the receipts could not be deemed to accrue or arise in India. Citing relevant case laws, statutory provisions, Double Taxation Avoidance Agreement (DTAA) provisions, and contractual terms, the Tribunal held that the income from offshore supply contracts did not form part of business receipts for computation of income under section 44BBB. Consequently, the Tribunal allowed the appeal, excluding the amount received under the offshore supply contract from gross receipts for tax computation under section 44BBB.

In line with the previous Tribunal decision and the detailed analysis provided, the Tribunal decided the effective ground of appeal in favor of the Assessee, allowing the appeal and pronouncing the judgment in open court on 6th September 2017.