TMI Blog2018 (3) TMI 1709X X X X Extracts X X X X X X X X Extracts X X X X ..... act on turnkey basis in the oil and hydrocarbon/gas sectors. Its return for AY 2010-11 declared income in excess of 715 crores and was processed but later scrutiny was undertaken and a sum of ₹ 94,91,410/- was added on the ground that the amounts paid to nonresident foreign agent whose services were utilized were taxable under Sections 9(1)(i) and 9(1)(vii)(b) of the Act. The services provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Respondent : None. ORDER The question of law urged by the Revenue in its appeal under Section 260A of the Income Tax Act, 1961 ( the Act ) was whether the ITAT (Tribunal) fell into error in holding that the sum of ₹ 94,91,410/- could not be disallowed under Section 40(a) of the Act. The Assessee-a public sector company is engaged in engineering consultancy and contrac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered their rival contentions, l finding that the basis questioned by me is whether the payment made by the assessee company to the agent outside India in the nature of their business income or fees for technical services. The Assessing officer has held the service to be technical services as per provision of 9 (l)(vii)(b) of the Income Tax Act. For application of the said provision the natu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no application of mind by the agent and no independent decision taken with regard to the gods to be delivered. In such circumstances, it cannot be said that technical services have been rendered by the agent at UAE. Therefore, the income earned by the said agent outside India is to be considered as his business income and as held by the Hon ble Delhi High Court in the case of EON Technology P. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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