2014 (8) TMI 31

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..... 1. Having heard Mr. Suresh Kumar, learned counsel appearing for the Appellant/Revenue and Mr. Mistry, learned Senior Counsel appearing for the Respondent/Assessee we are of the view that the Revenue projects both questions which are framed at paragraph 4 at page 4 as substantial questions of law, but the Appeal deserves admission only on the first question. It deserves admission because this Court .....

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..... 3. In relation to that we must note that the concurrent findings of fact are based on a peculiar position. The Appeal is preferred by the Revenue to question a finding and in relation to the Assessee which is a Company registered under the Indian Companies Act, 1956. It is engaged inter-alia in the business of refining crude oil. The Assessee entered into three contracts for Catalytic Reforming Un .....

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..... ax Appellate Tribunal. In fact the question of law and projected at paragraph 4(ii) arises out of payment of demurrage. That is reimbursed to the supplier of crude oil. It is in the nature of reimbursement of expenses incurred on behalf of the Assessee. The Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal found that this reimbursement and of expenses incurred on behalf of .....

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..... the Assessee or to any person on his behalf on account of the carriage of passengers, livestock, mail or goods shipped at any port in India and secondly, received or deemed to be received in India by 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 .....

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..... estion, therefore, cannot be treated as a substantial question of law. The Appeal is dismissed to that extent. 6. However, the Appeal is admitted on the substantial question of law framed above and it being identical to the pending Appeals that we direct that the present Appeal be heard along with the Income Tax Appeal Nos. 788/2008 and 1276/2008. The Respondent waives service.
Case laws, Dec .....

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