TaxTMI 
TaxTMI 
2011 (7) TMI 104
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....nies engaged in the exploration and production of mineral oils in India. Applicant submits that the seismic data acquisition means the generation and recording of seismic data relating to formation of sub-surface. The required data is collected on large storage tapes and then processed by specialist professionals with the help of specialized equipments to present the sub-surface data in a manner that can help geologist draw conclusions about existence of hydro-carbon in the areas. The applicant submits that it has entered into a contract with BHP Billiton Petroleum (International Exploration) Pty. Ltd. (BHP Billiton), a company incorporated under the laws of Australia. The contract relates to carrying out 2D marine seismic data acquisition ....
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....t should not be taxed as fees for technical services under the provisions of section 115A and section 44DA of the Act. The applicant has drawn attention to the rulings of this Authority in Geofizyka Torun Sp.zo. o AAR No.813 of 2009; and in Seabird Exploration FZ LLC (AAR No.815 of 2009), wherein it has been held that the services of data acquisition and processing are covered under the provisions of section 44BB of the Act. 3. On the basis of above facts the applicant desires to obtain a ruling on the following questions - 1. Whether revenues to be earned by the Applicant under the seismic data acquisition and processing contract with BHP Billiton in India are taxable in accordance with section 44BB of the Income-tax Act, 1961 (Ac....
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....vices which are technical in nature are not covered under section 44BB. The receipts on account of acquisition and processing of 2D and 3D seismic data are covered under section 9)(1) (vii) of the Act as the receipts are to be examined under section 5 and 9 of the Act. The presumptive sections are neither charging section nor do they elaborate the nature of income in the hands of the assessee. The revenue contends that the entire mobilization/demobilization revenues should be included in the 'gross receipts' for the purposes of taxation in view of the decisions in the cases of Atwood Occeanks Pacific Ltd. [2010 -TII-12-HC], R&B Falcon Drilling [2009-TII-20-HC] ; Sundowner Offshore International Burmuda Ltd.[2009-T11-07]; etc. 5. In ....
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....AR/813 of 2009. 320 ITR 268). The issued raised by the revenue have been discussed at length in the said ruling. Regarding the Revenue's contention that the provisions of section 44BB would not apply in view of insertion of section 44DA by the Finance Act 2010 w.e.f. 1/4/2011, it is pointed out that section 44DA applies where royalty or fees for technical services is received by a foreign company in pursuance of an agreement with a Indian concern, whereas in the present case the parties involved are two foreign companies. This we are saying without addressing the question whether the receipts in the hands of the applicant qualifies as fees for technical services, as we find that the services provided by the applicant are not technical servi....
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....to be in a nature of fees for technical services. 7. Once an assessee opts to come under Section 44BB(1) of the Act, the provision itself deems its profits and gains as 10% of the aggregate of the amounts specified in sub-section (2). Sub-section 2 (a) specifies that that aggregate amount is the amount paid or payable whether in or out of India to the assessee on account of provision of services in India. In the scenario, there is no scope for splitting up the amount payable to the assessee. If the assessee wants to seek such a splitting up it has to go under section 44BB(3) of the Act. 8. Section 44BB does not close its doors to an applicant who desires to know which part of its income accrues or arises in India and how much. The ....