The ITAT allowed the assessee's appeal, ruling that services ...

Well Engineering Services for Mineral Oil Exploration Taxable Under Section 44BB, Not as FTS Under Section 115A

March 29, 2025

Case Laws     Income Tax     AT

The ITAT allowed the assessee's appeal, ruling that services related to well engineering and other activities in connection with mineral oil exploration fall under the presumptive taxation scheme of section 44BB rather than being taxed as Fee for Technical Services (FTS) under section 115A. The Tribunal clarified that s.44BB constitutes a special provision for computing profits and gains in mineral oil exploration businesses. Relying on the ONGC Ltd Supreme Court decision (2015) and CBDT Circular No. 1862 (22.10.1990), the ITAT held that the lower authorities erred in rejecting the assessee's claim for assessment under section 44BB. The presumptive taxation scheme was deemed applicable to the assessee's activities.

View Source