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TMI Blog2009 (12) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... been made out for reconsideration on this aspect. Moreover the conclusion was reached irrespective of the circular and on the interpretation of Section 44BB for which elaborate reasons were given. - Therefore, it is held that the income earned by the applicant in India is covered under the provisions of 44BB of the Income-tax Act, 1961 X X X X Extracts X X X X X X X X Extracts X X X X ..... eving uniformity and certainty in regard to the payment of tax, it has come up before this Authority for a ruling on the following question:- "Whether income derived by the applicant in India is covered under the provisions of section 44BB of the Income Tax Act, 1961?" 4. The applicant, to buttress its claim has filed a copy of the contract. The applicant contends that the seismic data acquisition and processing services are an integral part of the process of prospecting for, or extraction of mineral oil which includes petroleum and gas. Accordingly, it is contended that section 44BB of the Act has to be applied. The Revenue contends that Section 44BB has no application for the reason that the income is in the nature of fees for technic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of plant and machinery on hire used, or to be used, in the prospecting for, or extraction or production of, mineral oils in India; and (b) the amount received or deemed to be received in India by or on behalf of the assessee on account of the provision of 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 outside India. (3) Notwithstanding anything contained in sub-section (1), an assessee may claim lower profits and gains than the profits and gains specified in that sub-section, if he keeps and maintains such books of account and other documents as required under sub-section (2) of section 44AA and gets his accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of services of technical or other personnel) but does not include consideration for any construction, assembly, mining or like project undertaken by the recipient or consideration which would be income of the recipient chargeable under the head "Salaries". 5.3 Section 44DA which was inserted by the Finance Act, 2003 is another special provision for computing income by way of royalty or f.t.s received by a non-resident or foreign company which carries on business in India through a Permanent Establishment. 6. The very same issue came up for consideration in a recent ruling of this Authority in Geofizyka Torun Sp.Zo.o. Poland (AAR/813/2009).In this case, Section 44BB, 9(i)(vii) and 44DA have been exhaustively dealt with along with th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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