amount received on
account of the offshore service contracts by applying Section 44BBB
of the Act. In so far as the offshore supply contracts were ... fees for technical services and royalty and
consequently the benefit of Section 44BBB of the Act as claimed by
the petitioner would not be available
circumstances of the case, the Tribunal was right in holding that Section 44BBB cannot be applied to the assessee?
2.Whether in the facts ... current assessment year, but the assessment cannot be done under Section 44BBB on the ground that the bills for payment were all raised prior
power to assess income on presumptive basis u/s
44BBB(1) of the Act, if assessee has maintained
books of account as prescribed ... 44BBB(2) of the
Act although books of account maintained by
assessee are not proper and do not reflect the
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offered its income from the Anpara Power Project to tax
under Section 44BBB of the Act by taking the profit at 10% of the entire ... Assessee contended that Article 7 of the DTAA would prevail over Section
44BBB of the Act. This was negated by the AO while recording that
completeness, we may also address the issue
regarding applicability of section 44BBB(1) of the Act. On a
careful reading of the said provision ... Central Government or a competent authority in terms of section
44BBB(1) of the Act. Even, assuming that section 44BBB
applies, sub-section
filed its
return claiming the benefits under Section 44BBB of the Income-Tax
Act (hereinafter referred to as the „Act‟). Section 44BBB ... reads as under:-
"44BBB. (1) Notwitstanding anything to the contrary
contained in Section 28 to 44AA , in the case of an
assessee, being
said decision, 10% of the receipt, payable as per Section 44BBB of the Act was offered as taxable income and that flat rate ... deducted tax at 2%. The foreign company had paid tax under Section 44BBB at 4.8% and sought for a refund. Taking note of the decision
advance tax on contract receipts by computing the income as per Section 44BBB cannot be postponed by filing an application before the AAR. Therefore ... deducted tax at 2%. The foreign company had paid tax under Section 44BBB at 4.8% and sought for a refund. Taking note of the decision
petitioner that the petitioner is entitled to the
benefits under Section 44BBB of the Income Tax Act (hereinafter referred ... provisions contained in Section 197(1) and (2)
read with Section 44BBB of the Act and is vitiated by non-application of mind
and violative
certain types of income such as those mentioned under Section
44BB , 44BBA , 44BBB etc. Therefore, since there is no specific provision
under ... income in
certain cases as prescribed in Sections 44B , 44BB , 44BBA and 44BBB of the
Act. In the scheme of presumptive taxation, the assessee
