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TMI Blog2014 (8) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Assessee on account of the carriage of passengers, livestock, mail or goods shipped at any port outside India - Both conditions envisaged by sub-section (1) of Section 44B are not fulfilled - The provision has been invoked in case of reimbursement of demurrage charges paid or reimbursed by the present Assessee for import of crude oil - It cannot be termed, by any stretch of imagination, as perverse or vitiated by error of law apparent on the face of the record – Decided against Revenue. - IT Appeal No.2623 of 2011 - - - Dated:- 7-5-2014 - S.C. DHARMADHIKARI AND GIRISH S. KULKARNI, JJ. For the Appellant : Suresh Kumar. For the Respondent : J.D. Mistry and Rajesh Poojary. JUDGMENT :- P.C: 1. Having heard Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d into three contracts for Catalytic Reforming Unit and Non Catalytic Reforming Project with the consortium of Toyo Engineering Corporation, Mitsui Company Limited and Mitsubishi Corporation for offshore supply of equipment, offshore supply of designs and drawings and project management and supervision contract. 4. The case of the Department is that the Assessee has remitted/ paid the amount for design and drawing contracts. It is in such situation and the facts peculiar to the present case, firstly, the Commissioner of Income Tax (Appeals) held that the Assessing Officer was in error in applying both Section 44B and Section 195 of the Income Tax Act, 1961. The facts as set out in paragraph 3.1 of the present Appeal stated to be statem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or on behalf of the Assessee on account of the carriage of passengers, livestock, mail or goods shipped at any port outside India. 5. In the present case, the finding of fact is that both conditions envisaged by sub-section (1) of Section 44B are not fulfilled. The provision has been invoked in case of reimbursement of demurrage charges paid or reimbursed by the present Assessee for import of crude oil. It is such a finding of fact which is recorded at page 82 in paragraph 8.2 by the Commissioner of Income Tax (Appeals) and which has been confirmed by the Income Tax Appellate Tribunal in the impugned order dated 29.06.2011. The reasons assigned in paragraphs 15 and 16 of the ITAT's order would, therefore, go to show that the view ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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