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1 - 9 of 9 (0.39 seconds)Section 115A in The Income Tax Act, 1961 [Entire Act]
Production Testing Services Inc, ... vs Dcit (It) 3(3)(2), Mumbai on 27 October, 2017
Production Testing Services Inc. vs. DCIT(IT)-3(3)(2) 12
ITA No. 1422/Mum/2018 - A.Y. 2014-15
आदे श की प्रतिलऱपि अग्रेपिि/Copy of the Order forwarded to :
Section 44DA in The Income Tax Act, 1961 [Entire Act]
Ongc Ltd.As Rep.Assese. vs Commr.Of Income Tax on 27 February, 2014
That now when pursuant to
the judgment of the Hon‟ble Supreme Court in the case of ONGC vs. CIT (2015)
376 ITR 306 (SC), the issue that prospecting for or extraction or production of
mineral oil is not to be treated as technical services for the purpose of
Explanation 2 of Sec. 9(1)(vii), therefore, it can safely be concluded that the
payments received by the assessee from rendering of Fracturing Flow Back
Services for extraction or production of mineral oil would not fall within the
realm of „fees for technical services‟. We thus, are of the considered view that
as the precondition for invoking of Sec. 115A is in itself found to be missing,
therefore, the same would not be attracted to the case of the assessee. We
have further given a thoughtful consideration to the contention of the assessee
that as it had received the amounts for rendering the services of Fracturing
Flow Back Services from B.J Services Company (Middle East) Ltd., which itself
was a foreign company, viz. a company incorporated in Scotland ,therefore,
the said sums not having been received by the assessee from Government or
an Indian concern, therefore, for the said reason also excluded the
applicability of the provisions of Sec. 115A and Sec. 44DA. We are of the
considered view that as observed by us hereinabove, the assessee had
received the amount from B.J Services Company (Middle East) Ltd. and not
from ONGC, therefore, the aforesaid contention of the ld. A.R carries
substantial force. We thus, also on the said count that the assessee had not
received the amount for rendering of services of Fracturing Flow Back Services
in extraction or production of mineral oil from the Government or an Indian
concern, therefore, hold that the applicability of the provisions of Sec. 115A
and Sec. 44DA to the facts of the case of the present assessee would stand
excluded.
The Income Tax Act, 1961
Oil & Natural Gas Corp. Ltd vs Commnr. Of Income Tax & Anr on 1 July, 2015
9. Without Prejudice to the above, Assessing Officer has not considered
the decision of the Supreme Court in the case of Oil and Natural Gas
Corporation Ltd. v. CIT (2015) 59 Taxman.com 1 (SC) though the same
was cited and discussed at length. The Assessing Officer has not
even distinguished the said case law and neither have commented
on the said case law. The Appellant therefore, prays that the provisions
of sec.44BB are applicable and eligible to claim deduction under
sec.44BB of the Income Tax Act, 1961.
Section 194J in The Income Tax Act, 1961 [Entire Act]
Section 197 in The Income Tax Act, 1961 [Entire Act]
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