DCIT, Dehradun vs. M/S. Baker Hughes Asia Pacific Ltd., Dehradun
In the result, the appeals of the department as well as Cross
ITA 6584/DEL/2014[2011-12]Status: DisposedITAT Delhi21 Mar 2017AY 2011-12
Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 6584/Del/2014 : Asstt. Year : 2011-12 Deputy Commissioner Of Vs M/S Baker Hughes Asia Pacific Ltd., C/O-Nangia & Co., Cas, 3Rd Floor, Income Tax (International Taxation), Circle-1, Ncr Plaza, New Cantt. Road, Dehradun-248001 Dehradun-248001 (Appellant) (Respondent) Pan No. Aaccb3714F Co No. 216/Del/2015 : Asstt. Year : 2011-12 M/S Baker Hughes Asia Pacific Ltd., Vs Deputy Commissioner Of C/O-Nangia & Co., Cas, 3Rd Floor, Income Tax (International Ncr Plaza, New Cantt. Road, Taxation), Circle-1, Dehradun-248001 Dehradun-248001 (Appellant) (Respondent) Pan No. Aaccb3714F
For Appellant: Sh. Anuj Arora, CIT DRFor Respondent: Sh. Amit Arora & Sh. Vishal Misra, CAs
Section 44BSection 44DSection 9Section 9(1)(vii)
…to be dealt with u/s 44BB of the Act for the entire quantum of income because of the nature of business operations which are seen to have a close nexus with oil extraction. It may also be mentioned that the Id. AO has relied upon the case of ONGC reported in 299 ITR 438 (UK) to arrive at a finding that provision of personnel is FTS. However, this case has been distinguished in para 10 of the CGG Veritas case wherein it has been made clear that the question there was whether services of personnel could be "FTS" or "salaries", with no discussion on 44BB of the Act. These grounds are accordingly allowed with the di…