Assessee, a UAE based company, was engaged in a contract with ONGC for replacement of well fire shut down panels at offshore platform on a turnkey basis.  It submitted that all these activities were carried out in Dubai and thus, related revenues were not taxable in India under section 5 read with section 9 and under article 5 read with article 7 of India-USA DTAA.  Assessing Officer  held that entire project was turnkey project and, hence, no bifurcation could be made in income accruing inside and outside India and total income was income accruing in India under section 5 but as assessee had not maintained books of account, Assessing Officer estimated income at 25 per cent of gross receipts.  DRP applied deemed profit rate of 10 per cent of gross revenue of assessee under section 44BB. On appeal the Tribunal held that Whether since engineering designs were prepared entirely at assessee’s specialities outside India and sent to ONGC from UAE and amounts were remitted directly to UAE by ONGC and keeping in view supply of material outside India, designs conducted, list of material and presence of employees in India, DRP erred in apportioning 10 per cent gross receipts as taxable income as provisions of section 44BB do not override provisions of section 5  of the Act. (AY. 2008-09, 2009-10)