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2018 (4) TMI 240 - AT - Income TaxAddition qua equipment rental, service charges and sale of consumables and services rendered by assessee in connection with exploration/ prospecting/extraction of mineral oil - income arising on account of royalty/FTS, letting out of equipment etc. was to be taxed u/s 44BB - Held that:- Income on account of provision of equipment and services earned by the assessee company shall be taxable as per the provisions of Section 44BB of the Act. Gross receipts as per provision of Section 44BB - Service-tax does not form part of the gross receipts for computation u/s 44BB of the Act. See CIT vs Mitchell Drilling International P. Ltd. [2015 (10) TMI 259 - DELHI HIGH COURT] Chargeability of interest u/s 234B - Held that:- Hon’ble Delhi High Court in the case of DIT vs GE Packaged Power Inc [2015 (1) TMI 1168 - DELHI HIGH COURT] held that interest u/s 234B was not chargeable in the case of a non-resident whose entire income was subject to tax deduction at source u/s 195 of the Act. In view of this binding precedent, we hold this issue also in favour of the assessee.
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