https://www.taxtmi.com/caselaws?id=758478 Equipment rental receipts from leasing machinery used in mineral oil exploration fell within the special scheme of section 44BB because the hire activity related to equipment used or to be used in prospecting, extraction, or production of mineral oils. Explanation 2(iva) to section 9(1)(vi) excludes from royalty amounts covered by section 44BB, and the absence of a permanent establishment condition in section 44BB reinforced its special character. On identical facts, the assessee's earlier year decision was followed, and the receipts were held taxable under section 44BB rather than as royalty under section 9(1)(vi) or Article 12 of the India-Malaysia DTAA. en-us Wed, 28 Aug 2024 00:00:00 +0530 Fri, 13 Sep 2024 10:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=758478 Equipment rental receipts from leasing machinery used in mineral oil exploration fell within the special scheme of section 44BB because the hire activity related to equipment used or to be used in prospecting, extraction, or production of mineral oils. Explanation 2(iva) to section 9(1)(vi) excludes from royalty amounts covered by section 44BB, and the absence of a permanent establishment condition in section 44BB reinforced its special character. On identical facts, the assessee's earlier year decision was followed, and the receipts were held taxable under section 44BB rather than as royalty under section 9(1)(vi) or Article 12 of the India-Malaysia DTAA. Case-Laws Income Tax Wed, 28 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=758478