Assessee, a tax resident of Malaysia, entered into a contract with an Indian company for supply/lease/hire of rigs to be used for drilling and exploration of mineral oils and received certain amount. Assessee offered income from hiring/leasing of rigs as business profits to be taxed on gross/presumptive basis under section 44BB at 10 per cent-However, Assessing Officer treated it as FTS but DRP held same to be in nature of royalty under section 9(1)(vi) read with section 115A as well as article 12 of India-Malaysia DTAA.  Tribunal held that since assessee had given on hire/lease equipment’s used or to be used in extraction/exploration of mineral oils, amounts received by assessee were fully covered under provisions of section 44BB and taxable on gross basis at rate of 10 per cent. Court held that  clause (iv-a) of Explanation to section 9(1)(vi) makes a clear exclusion in respect of amounts which would be referable to section 44BB. Order of Tribunal is affirmed.  (AY. 2012-13 & 2017-18)