2016 (6) TMI 1347 - HC - Income Tax

High Court allows appeal, sets aside order, resolves questions of law in favor of appellant.

The High Court of Uttarakhand allowed the appeal in favor of the appellant, setting aside the impugned order. The questions of law were resolved in favor ... Taxability of Amounts paid to the non-resident assessees /foreign companies for providing various services in connection with prospecting, extraction or production of mineral oil - Fees for technical services under Section 44D read with Explanation 2 to Section 9(1)(vii) OR payments be taxable on a presumptive basis under Section 44BB - HELD THAT:- As appellant would submit that the questions of law which are raised in this appeal are to be answered in favour of the appellant in view of the judgment of Apex Court in the Case of Oil And Natural Gas Corporation Limited vs. Commissioner of Income Tax and Another [2015 (7) TMI 91 - SUPREME COURT]. There is not much dispute about this proposition. In such circumstances, the appeal is only to be allowed. Accordingly, we allow the appeal and answer the questions of law in favour of the appellant. The High Court of Uttarakhand allowed the appeal in favor of the appellant based on the judgment of the Supreme Court in the case of Oil And Natural Gas Corporation Limited vs. Commissioner of Income Tax. The questions of law raised were answered in favor of the appellant, and the impugned order was set aside.