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2016 (7) TMI 947 - AT - Income TaxIncome for taxation as per section 44BB - taxability of fees for technical services - whether applicability of sections 44D and 44DA got excluded? - AO concluded that assessee’s receipts were effectively connected with the project office of the assessee in India and, therefore, taxable u/s 44DA - Held that:- The Tribunal in the case of Baker Hughes Asia Pacific Ltd.(2014 (7) TMI 601 - ITAT DELHI), has relied on the decision of Hon’ble Jurisdictional High Court (Uttrakhand) in B.J. Services [2011 (8) TMI 477 - UTTARAKHAND HIGH COURT ] for rejecting the department’s contention that section 44DA inserted by Finance Act 2010 w.e.f. 1.4.2011 in section 44BB is retrospective. Moreover, we find that Hon’ble Supreme Court in the case of ONGC (2015 (7) TMI 91 - SUPREME COURT) has set at rest the entire controversy by holding that provisions of various services in connection with the prospecting for, or extraction or production of mineral oils, is taxable on presumptive basis u/s 44BB of the Act. The services carried on by assessee are in connection with the prospecting for mineral oils and, therefore, following the decision of Hon’ble Supreme Court, the assessee’s appeal deserves to be allowed. In view of above discussion, the assessee’s appeal is allowed and the appeal filed by the Revenue stands dismissed. - Decided in favour of assessee.
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