Assessee is  a tax resident of UK and was awarded contract from ONGC along with other consortium members whereby assessee was required to manufacture and supply subsea production system components.  Assessing Officer held that consortium member was working on behalf of assessee-company which formed PE of assessee. company and further held that since activities undertaken by assessee were in relation to extraction and production of mineral oil, assessee would be covered under provisions of section 44BB.  He computed 10 per cent of the receipts as income of the assessee from profit and gains of business. DRP  held that issue of existence of PE is academic in nature as applicability of section 44B was not dependent upon existence of PE.  On appeal the  Tribunal held that not a single piece of evidence had been brought on record by Assessing Officer to establish that assessee had any kind of PE in India in year under consideration. Section 44BB could not be invoked to tax receipts from offshore supply on presumptive basis as revenue had failed to establish existence of PE in India. (AY. 2021-22)