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2018 (12) TMI 537 - HC - Income TaxDrilling rig as a qualifying ship within the meaning of Section 115VD - Held that - This issue is covered by decision of the Delhi High Court in The Commissioner of Income Tax New Delhi versus Jagson International Limited 2012 (11) TMI 594 - DELHI HIGH COURT against the Revenue and in favour of the respondent-assessee. Appeal against the said decision is pending before the Supreme Court as Special Leave Petition has been admitted/leave granted. As the parties submit that ruling by the Supreme Court would equally apply in the present appeal. Recording the above, the appeal is disposed of.
Issues:
1. Whether a drilling rig is a qualifying ship within the meaning of Section 115VD of the Income Tax Act, 1961. The High Court considered the issue raised by the Revenue regarding the classification of a drilling rig as a qualifying ship under Section 115VD of the Income Tax Act, 1961. The counsel for both parties referred to a previous decision of the Delhi High Court in a similar matter dated 8th November, 2012, which was in favor of the respondent-assessee. It was noted that an appeal against this decision was pending before the Supreme Court. The parties agreed that the ruling by the Supreme Court in the pending appeal would be applicable to the present case. Therefore, the High Court disposed of the appeal based on this agreement, allowing the parties to file an application in this appeal if needed after the Supreme Court's decision. In this judgment by the Delhi High Court, the main issue revolved around the classification of a drilling rig as a qualifying ship under Section 115VD of the Income Tax Act, 1961. The court referred to a previous decision in a similar case where the Delhi High Court had ruled in favor of the respondent-assessee. It was highlighted that the appeal against this decision was pending before the Supreme Court. The counsel for both parties agreed that the Supreme Court's ruling in the pending appeal would be applicable to the present case. Consequently, the High Court disposed of the appeal based on this understanding, providing the parties with the option to file an application in this appeal post the Supreme Court's decision if needed.
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