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2012 (8) TMI 636 - AT - Income TaxApplicability of section 44BB(1) - fee for technical services. - held that:- Tribunal in the case of CGG Veritas Services SA (2012 (4) TMI 280 - ITAT DELHI) has propounded four categories which will govern the fee for technical services. The assessee has not given up its right rather in order to save time it has agreed that issue is covered against it which is to be challenged. He pointed out a that 44DA is not applicable in the present year. All other categories do not apply upon the assessee Therefore assessee's income is to be assessed u/s 44BB(1) as per the order of the Tribunal. On the other hand case of the revenue is that conclusively neither the Ld. DRP nor the Ld. AO has held that assessee has a permanent establishment in India. Impliedly AO has propounded that income of the assessee is to be assessed u/s 115A. No categorical finding has been recorded either by Ld. DRP or by the Ld. AO. Taking into consideration the case of the assessee that it has set up various project offices in India which constitute permanent establishment we deem it appropriate to remit this issue to the file of AO for adjudication afresh.
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