TaxTMI 
TaxTMI 
2012 (6) TMI 8
X X X X Extracts X X X X
X X X X Extracts X X X X
....ent company to ONGC, which is representing the assessee in this appeal and is assessable under section 44BB of the Income-tax Act and not under section 44D read with section 115A of the Income-tax Act. Dispute relates to the assessment year 2001-02. 2. The facts, in brief, are that an agreement was entered into between the non-resident company/assessee represented by ONGC and ONGC and in terms of the said contract, non-resident company rendered services for inspection of the existing control system of three units of RR avon gas generator driven process gas compressor at SHP platform and for utilizing services of engineer for Y2K roll over time at offshore installation. It is not in dispute that this offshore installation is within t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....process gas compressor at SHP platform and for utilizing services of engineer for Y2K roll over time at off- shore installation in India. It is also not in dispute that the inspectors were well trained technical hands who inspected the plants and gave their advice to ONGC and received the payment as fee. Now, whether this activity falls under Explanation 2 to clause (vii) of sub-section (1) of section 9 which has been adopted by reference under section 44D and section 115A. Explanation 2 to section 9(1)(vii) of the Act reads as under : "For the purposes of this clause, 'fees for technical services' means any consideration (including any lump sum consideration) for the rendering of any managerial, technical or consultancy services (i....