ADIT, INTERNATIONAL TAXATION Vs. EXPRESS DRILLING SYSTEMS LLC

JUDGEMENT

(1.) THIS appeal is filed by the Revenue directed against the order of the Ld. CIT(Appeals) -II, Dehradun dt. 21.11.2012 pertaining to the AY 2009 -10.

(2.) FACTS in brief: - The facts of the case are that the assessee is a Non Resident company which is engaged in the business of providing services and facilities in connection with exploration and production of mineral oils world wide. It has entered into agreement with ONGC together with MEC Ltd. and Shiv -Vani Oil and Gas Exploration Services Ltd. for rendering services on a turnkey basis for CBM development in Central Parbatpur Jharia, Jharkhand and Pilot Wells, in Jharia, Bokaro and North Karanpura Blocks. It filed its return of income electronically on 30.9.2009 declaring loss of Rs. 12,91,33,127/ -. The assessment was completed determining total income at Rs. 32,15,98,116/ -, by disallowing an amount of Rs. 44,97,41,405/ - u/s 40a(ia) of the Act, on the ground that tax should have been deducted at source u/s 194J of the Act instead of s. 194C done by the assessee. In other words, the disallowance was made on the ground that there was short deduction of tax at source due to wrong application of the provisions of the Act. The assessee carried the matter in appeal. The First Appellate Authority allowed the appeal of the assessee.

(3.) THE appellant prays` for leave to add, amend, modify or alter any grounds of appeal at the time or before the hearing of the appeal."