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TMI Blog2024 (3) TMI 1380X X X X Extracts X X X X X X X X Extracts X X X X ..... n 44BB of the Act. No justification to interfere with the view as taken by the ITAT. - HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV For the Appellant: Mr. Ruchir Bhatia, Sr. Standing Counsel For the Respondent: Mr. Ved Jain, Mr. Nischay Kantoor and Ms. Soniya Dodeja, Advs ORDER CM APPL 13492/2024 (Exemption) Allowed subject to all just exceptions. 2. The application stands disposed of. CM APPL 13493/2024 (delay) 3. Bearing in the mind the disclosures made, the delay of 204 days in re-filing the appeal is condoned. 4. The application shall stand disposed of. ITA 153/2019 5. The Commissioner assails the order dated 01 February 2023 passed by the Income Tax Appellate Tribunal [ ITAT ] and proposes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the fact that in the instant case the Assessee, M/s UMW Sher (I) Ltd. is not engaged in prospecting the exploration of oil as the contract of such prospecting/exploration was not with it and therefore, is beyond the scope of section 44BB? 2.5 Whether on the facts circumstances of the case, Ld. ITAT erred in holding that the income of the assesse from non PSC partner was a business receipts earned in connection to mineral exploration whereas in the instant case, the receipts in hands of the non resident is clearly not a business receipts and accordingly such receipt is clearly not a business receipt and accordingly such receipt are not liable to be taxed under section 44BB of the Act? 6. We note from a reading of the impugned order that on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the receipts are in the nature of royalty under section 9(1)(vi) of the Act. 7. It was in the aforesaid backdrop that the assessee appears to have contended that Section 44BB of the Income Tax Act, 1961 [ Act ] stood attracted. We note that Explanation 2 to Section 9(1)(vi) of the Act while defining the word royalty provides as under:- Explanation 2. For the purposes of this clause, royalty means consideration (including any lump sum consideration but excluding any consideration which would be the income of the recipient chargeable under the head Capital gains ) for (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or simila ..... X X X X Extracts X X X X X X X X Extracts X X X X
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