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2015 (12) TMI 367 - ITAT DELHIComputation of income as FTS (Fees for Technical Services) - Assessment of income - whether the income of the assessee is taxable u/s 44BB of the Act, or is u/s 44DA as held by the AO - Held that:- For the relevant assessment year i.e. AY 2010-11 the assessee is entitled to declare its income under the provision of section 44BB of the Act. The next question whether the Amendment in section 44BB and 44DA should be read as retrospective is also no longer Res-Integra as pointed out by the Ld. AR. In B J service company middle East Ltd vs DCIT [2011 (8) TMI 477 - UTTARAKHAND HIGH COURT] has held as under: “55. As stated earlier, the combined effect of the provisions of s. 44BB, 44DA and 115A of the Act will not have a bearing to the cases in hand in as much as the Explanatory Note to the Finance Bill, 2010 clearly indicates that the amendments proposed in s. 44BB and 44DA of the Act would take effect from 1st April, 2011 and would apply in relation to the asst. yr. 2011-12 and subsequent years. The amendment is prospective in nature and would not apply to the cases in hand which is of the earlier assessment years.” Thus the question of retrospectivty cannot be accepted and is being repelled and so this ground of Revenue fails.
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