Penalty under section 271(1)(c) deleted where income was disclosed in section 153A returns and remaining additions were only estimated or computationa...
Interplay between the special tax rules for non-resident exploration services and the withholding certificate regime turned on whether the petitioner's seismic survey receipts constitute FTS or Royalty rather than business income under the alternative provision. The court noted prior authority holding identical 2D/3D seismic survey receipts were not FTS, found the assessing officer gave no reasons for departing from that view or for distinguishing FTS from Royalty, and set aside the certificate under the withholding regime, remanding for reassessment in light of the cited precedents and on the elemental question whether receipts are FTS or Royalty.
Interplay between the special tax rules for non-resident exploration services and the withholding certificate regime turned on whether the petitioner's seismic survey receipts constitute FTS or Royalty rather than business income under the alternative provision. The court noted prior authority holding identical 2D/3D seismic survey receipts were not FTS, found the assessing officer gave no reasons for departing from that view or for distinguishing FTS from Royalty, and set aside the certificate under the withholding regime, remanding for reassessment in light of the cited precedents and on the elemental question whether receipts are FTS or Royalty.
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