2014 (5) TMI 151

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..... nto the Income Tax Act as the word ‘used’ has been used in conjunction of ‘an installation or structure for exploration or exploitation of natural resources and only if so used for a period of more than 120 days in 12 month period’ - it is absolutely clear that the Agreement meant user of installation and structure for exploration or exploitation of natural resources and not merely being ready fo .....

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..... facts were also not challenged at the Appellate stage or before the Tribunal. The facts suggested that the assessee brought in a rig and operated the said rig for and on account of its clients in India. Those rigs were deployed for such purpose on dates, as were furnished by the assessee and the same were remained unused during the dates as furnished by the assessee on account of maintenance and .....

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..... ut that Article 5(2) (j) is as follows: The term permanent establishment includes especially: an installation or structure used for the exploration or exploitation of natural resources, but only if so used for a period of more than 120 days in any twelve calendar month period; 2. According to the Tribunal, the word used has been sufficiently explained in the Agreement re .....

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