Dy. CIT (IT) v. Western Geco International Ltd. (2023)108 ITR 23 (SN)/225 TTJ 1009 / 157 taxmann.com 736(TM) (Delhi) (Trib)

S. 44BB : Mineral oils-Computation-Presumptive tax-Revenue received on account of provision of facilities and services of seismic data acquisition, planning and carrying out of pre-survey study, taking marine data and confirming prospects, maintenance/upgradation/support of software licences-Not fees for technical services-Reimbursement of service tax-Not includible in gross turnover for computing taxable income. [S. 9(1)(vii), 44DA]

Held, that the revenue received by the assessee on account of provision of facilities and services of seismic data acquisition, planning and carrying out of pre-survey study, taking marine data and confirming prospects, maintenance, upgradation and support of software licences, was not in the nature of fees for technical services as it was covered by the exclusion provided in Explanation 2 to section 9(1)(vii) of the Income-tax Act, 1961 being consideration received for “mining or like projects” and was therefore, taxable under section 44BB and not under section 44DA. The amount received by the assessee as reimbursement of service tax was not included in the gross turnover for the purpose of computing taxable income under section 44BB of the Act.(AY.2011-12)