Presumptive taxation for non-residents: a portion of gross receipts deemed profits for mineral oil services; depreciation disallowed. Section 44BB treats a specified portion of gross receipts of non-residents supplying services, plant or machinery for prospecting, extraction or production of mineral oils as deemed profits for income computation; depreciation allowances cannot be deemed under this fiction. The provision covers receipts in India and receipts deemed in India for activities abroad. Section 44BB does not apply where sections 42, 44DA, 115A or 293A govern the income; royalties and technical knowhow may fall under other provisions, while rent and hire of plant and services used in mineral oil operations are covered by 44BB. Audit under section 44AB can allow showing lower income, and Chapter VI-A deductions remain available.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Presumptive taxation for non-residents: a portion of gross receipts deemed profits for mineral oil services; depreciation disallowed.
Section 44BB treats a specified portion of gross receipts of non-residents supplying services, plant or machinery for prospecting, extraction or production of mineral oils as deemed profits for income computation; depreciation allowances cannot be deemed under this fiction. The provision covers receipts in India and receipts deemed in India for activities abroad. Section 44BB does not apply where sections 42, 44DA, 115A or 293A govern the income; royalties and technical knowhow may fall under other provisions, while rent and hire of plant and services used in mineral oil operations are covered by 44BB. Audit under section 44AB can allow showing lower income, and Chapter VI-A deductions remain available.
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