Assessee, a non-resident corporate entity, is  a tax resident of Malaysia. It 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 of consideration. 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, DRP held that amounts received by assessee were in nature of royalty under section 9(1)(vi) read with section 115A as well as article 12 of India-Malaysia DTAA. On appeal the Tribunal held that  section 44BB is a special provision applicable to certain categories of income earned by a non-resident from activities related to business of extraction/exploration of mineral oils and one of activities coming under said provision relates to giving on hire/leasing of equipments to be used in exploration or extraction of mineral oil. Since assessee had given on hire/lease equipments 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.  (AY. 2012-13 & 2017-18)