https://www.taxtmi.com/caselaws?id=311527 The Delhi HC examined whether a second-line contractor engaged in mineral oil prospecting activities could claim benefits under Section 44BB of the Income Tax Act. The Revenue argued that Section 44BB applies only to main contractors, not second-line contractors, and that the income should be taxed as fees for technical services under Section 9(1)(vii) and Article 13 of the India-France DTAA. The HC found no statutory distinction between main and second-line contractors in Section 44BB, noting that any non-resident engaged in providing services for mineral oil prospecting qualifies. However, citing a similar pending case in Technip UK Limited, the HC issued notice for consideration of the question regarding Section 44BB's applicability to second-line contractors. en-us Wed, 22 Feb 2023 00:00:00 +0530 Sat, 30 Dec 2023 08:30:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311527 The Delhi HC examined whether a second-line contractor engaged in mineral oil prospecting activities could claim benefits under Section 44BB of the Income Tax Act. The Revenue argued that Section 44BB applies only to main contractors, not second-line contractors, and that the income should be taxed as fees for technical services under Section 9(1)(vii) and Article 13 of the India-France DTAA. The HC found no statutory distinction between main and second-line contractors in Section 44BB, noting that any non-resident engaged in providing services for mineral oil prospecting qualifies. However, citing a similar pending case in Technip UK Limited, the HC issued notice for consideration of the question regarding Section 44BB's applicability to second-line contractors. Case-Laws Income Tax Wed, 22 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311527