2015 (7) TMI 1314

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....aveesh Syal ORDER Per Sanjay Garg, Judicial Member: The present appeal filed by the revenue is directed against the order of the CIT(A)-11, Mumbai, dated 18.05.2012, pertaining to A.Y. 2012-13. 2. The sole issue raised by the revenue in this appeal is as to whether the payment made by the assesses 'ONGC' to foreign company M/s Gaffney Cline & Associates, UK for audit of reserves for Mu....

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....deduct tax @10.506%, holding that the payments were covered under 'Fees for Technical Services' u/s 44D of the Act. 4. Being aggrieved, the assessee preferred appeal before the CIT (A). The learned CIT (A) after considering the clauses of the agreement in question, examining the nature of services provided and further relying upon various case laws of higher judicial authorities held that the p....

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.... taxable u/s 44 BB of the Act. 5. Being aggrieved by the above findings of the CIT (A), the assessee has come in appeal before us. 6. We have heard the rival contentions. The learned AR of the assessee at the outset has invited our attention to the recent judgment of the Hon'ble Supreme Court in the own case of the assessee styled as "Oil & Natural Gas Corporation Ltd. vs. CIT"(2015) 59 taxm....

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....overed under the provisions of section 44 BB of the Act. Moreover, the test of "Make Available" is not satisfied as the assessee could not derive an enduring benefit and utilize the knowledge or know how on his own in future without the aid of the service provider for carrying out identical activities. There is no transfer of technical knowledge and skill enabling the assessee to perform similar a....