1994 (9) TMI 127 - AT - Income Tax

Summary

Issues Involved:
1. Taxability of salary for the off period of foreign technicians.
2. Interpretation of service contracts between AOI and its technicians.
3. Applicability of previous Tribunal decisions and other case laws.

Detailed Analysis:

1. Taxability of Salary for the Off Period of Foreign Technicians:
The primary issue is whether the salary received by foreign technicians during their 28 days off period, after working 28 days on the rig offshore India, is taxable in India. The assessees argued that the salary for the off period should not be taxable in India as it was paid for the period they were physically outside India and the payment was made outside India. The Income-tax Officer, however, held that the off period salary is related to the work on the rig and thus, should be assessed in India.

The Tribunal found that the technicians were required to be available to the Head Office during the off period for various duties, including training and potential deployment to other projects globally. The Tribunal concluded that the salary for the off period was not for services rendered in India and thus should not be taxable in India.

2. Interpretation of Service Contracts Between AOI and Its Technicians:
The service contracts between AOI and the technicians specified that the technicians would work 28 days on the rig and have 28 days off outside India. The contracts also included provisions for the technicians to be available for training and other duties during the off period. The Tribunal emphasized that the technicians were employed by AOI and not directly by ONGC, and that the service contracts did not stipulate that the technicians would work exclusively for the Indian offshore project during the off period.

The Tribunal noted that the service contracts were not tripartite agreements involving ONGC, AOI, and the technicians. The contractual terms indicated that the technicians were to be available for global assignments during the off period, thereby supporting the argument that the off period salary was not for services rendered in India.

3. Applicability of Previous Tribunal Decisions and Other Case Laws:
The Tribunal referred to several previous decisions where similar issues were resolved in favor of the assessees. For instance, in the cases of Mr. W. Fontenot, Mr. C. Noden, and Mr. G. Mc. Intosh, the Tribunal had previously ruled that the off period salary was not taxable in India. The Tribunal also distinguished the present case from the Calcutta High Court decision in Grindlays Bank Ltd. v. CIT, noting that the facts were different and the technicians in the present case were not directly employed by ONGC.

The Tribunal reiterated the principle established by the Madras High Court in CIT v. L. G. Ramamurthi, which emphasized the importance of consistency in judicial decisions. The Tribunal held that it was bound by its earlier decisions, which had consistently ruled in favor of the assessees on similar facts.

Conclusion:
The Tribunal concluded that the salary received by the foreign technicians during the off period was not for services rendered in India and thus, should not be taxable in India. The appeals were allowed, and the decisions of the first appellate authority were overturned. The Tribunal emphasized the need for consistency in judicial decisions and relied on its previous rulings to arrive at its conclusion.