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2016 (9) TMI 343 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI

2016 (9) TMI 343 - AUTHORITY FOR ADVANCE RULINGS NEW DELHI - [2016] 389 ITR 29 - Taxability of considerations received under the Contract - Held that:- All the considerations received under the Contract whether as a Contractor or as a Sub-Contractor by applicant Corpro would be taxable under Section 44BB of the Income Tax Act. - The answer to the Question No. 2 is that the withholding of the tax would be in the spirit of Section 44BB, hence, we dispose of all the 4 applications. - A.A.R. No. .....

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these four applications. All the four applications have been filed by one Corpro Systems Limited, UK. We shall use the facts in Application No. 1131 only as all the facts about the activity of the applicant are similar, if not identical. It is stated as it is the claim of the applicant company that it is a tax resident of United Kingdom ( UK ) and is engaged in rendering coring services/providing coring equipments/ and other associated services to global oil & gas companies. It is apparent f .....

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es. The applicant has provided the agreement as Exhibit- 2 to this application. 2. It is further explained that coring services generally include the removal of sample formation material from a wellbore for further analysis of the said samples. These samples are required to be taken in an undamaged and physically unaltered state. This formation material might be solid rock, friable rock, conglomerates, unconsolidated sands, coal shale s, gumbos, or clays. These samples are then provided to clien .....

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even the income generated from such activity would be covered specifically under Section 44BB. The applicant also points out that the mineral oil includes petroleum and natural gas as per the Explanation to Section. The applicant also points out that the term plant includes ships, aircraft, vehicles, drilling units, scientific apparatus and equipments, used for the purpose of the said business. The facts in the other three applications are similar, if not identical to the above stated facts. Th .....

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the Supreme Court in which the Hon ble Apex Court has after referring to the question involved and after referring to a circular of the Department No. 1862 dated 22.10.1990 has come to the conclusion that the consideration for the mining services will not be treated as Fees for Technical Services for the purpose of Explanation-2 to Section 9(1)(vii). 3. Further referring to the various services which were divided amongst 8 Heads, the Hon ble Apex Court has named as many as 44 services in all. T .....

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