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Sedco Forex International Inc. ... vs Commissioner Of Income Tax And The ... on 28 September, 2007 cites

Ishikawajma-Harima Heavy Industries ... vs Director Of Income Tax, Mumbai on 4 January, 2007

16. We very respectfully submit that in the judgment Ishikawajma-Harima Heavy Industries Ltd. v. Director of Income Tax, Mumbai reported in 2007 (3) SCC 481, Hon4ble Supreme Court has dealt with the assessment of a non- resident company on its income as per provisions of Section 5 and Section 9 of the Income Tax Act. Here in the present case, provisions of Section 5 and Section 9 are not attracted. Section 4 is a charging Section and Section 5 contains the scope of total income, which provides that subject to the provisions of this Act, the total income of any previous year of a person who is a resident includes all income as described under this Section and Section 9 provides the incomes deemed to accrue or arise in India in the contingencies described under this Section. Therefore, Section 5 and Section 9 both are aimed at the income for the taxability under Section 4 of the Act, while Section 44BB does not take into account the income for calculating the aggregate amount to calculate 10 per cent profit and gains. Profit and gains is a type of income to be taxed under a legal fiction i.e. @ 10 per cent of the amount specified in Sub-section (2) of Section 44BB. Section 44BB is a special provision relating to non- resident assessee who is providing services and facilities in connection with, or supply of plant and machinery on hire used, or to be used, in the prospecting for, or extraction or production of, mineral oils in or outside India. The Section is a complete code in itself. Thus, the reliance placed by Sri Porus Kaka, learned Counsel for the assessee, is misplaced as we have observed that the amount referred in Sub-section (2) of Section 44BB are four types of amounts and all the four types of amounts are mutually inclusive and has to be taken into account either all of them or any of them and its clauses themselves provide that whether the payment is made inside India or outside India.
Supreme Court of India Cites 50 - Cited by 83 - S B Sinha - Full Document
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