ONGC v. CIT

376 ITR 306Supreme Court of India2015#363 most cited

What is ONGC v. CIT authority for?

Income derived by a non-resident for services related to mineral oil operations, falling under the presumptive taxation regime of Section 44BB, cannot simultaneously be treated as fees for technical services under Section 9(1)(vii). The specific presumptive provisions override the general FTS definition, particularly when DTAA applies.

241

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

ONGC v. CIT · Section 44BB · Section 44DA · Section 9(1)(vii) · fees for technical services · FTS · presumptive taxation · non-resident income · DTAA · permanent establishment

Also reported as

59 Taxmann.com 1

Sections most often in play

Section 44BBSection 143(3)Section 44DASection 9(1)(vii)Section 43ASection 115ASection 147Section 148

Issues it is cited on

section 44dasection 44bbsection 44dsection 44bsection 115asection 92c(2)section 42section 9(1)(vii)section 9(1)fees for technical servicessection 9(1)(vi)permanent establishment

Judgments citing ONGC v. CIT

Weatherford Oil Tools Me Ltd., Dehradun vs. ACIT, Circle- II, International Taxation, Dehradun

ITA 5647/DEL/2018[2015-16]Status: DisposedITAT Dehradun28 Apr 2025AY 2015-16

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

For Appellant: Sh. Salil Kapoor, Sh. Anil ChachraFor Respondent: Sh. Mithun Shete, Sr. DR
Section 1Section 92D

…ion 44BB of the Act. He further submitted that the appeal preferred by the revenue against the said order was dismissed by the Hon'ble Uttarakhand High Court. At the very threshold, he further submitted that the Hon'ble Apex Court in the case of ONGC vs. CIT. 376 ITR 306 held that the services in connection with exploration and production of mineral oil shall fall within the purview of S.44 BB and outside the purview of fees for technical services as defined in Section 9(1)(vii) of the Act. He also brought it to our notice that in the assessment order for the Asstt. Year 2014-15, learned AO had accepted the taxab…

ACIT, Circle- II, International Taxation, Dehradun vs. Weatherford Oil Tools M.E. Ltd., Dehradun

ITA 417/DEL/2018[2014-15]Status: DisposedITAT Dehradun28 Apr 2025AY 2014-15

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

For Appellant: Sh. Salil Kapoor, Sh. Anil ChachraFor Respondent: Sh. Mithun Shete, Sr. DR
Section 1Section 92D

…ion 44BB of the Act. He further submitted that the appeal preferred by the revenue against the said order was dismissed by the Hon'ble Uttarakhand High Court. At the very threshold, he further submitted that the Hon'ble Apex Court in the case of ONGC vs. CIT. 376 ITR 306 held that the services in connection with exploration and production of mineral oil shall fall within the purview of S.44 BB and outside the purview of fees for technical services as defined in Section 9(1)(vii) of the Act. He also brought it to our notice that in the assessment order for the Asstt. Year 2014-15, learned AO had accepted the taxab…

Weatherford Oil Tools M.E. Ltd., Noida vs. DCIT, Circle- 2, International Taxation, Dehradun

ITA 7848/DEL/2017[2014-15]Status: DisposedITAT Dehradun28 Apr 2025AY 2014-15

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

For Appellant: Sh. Salil Kapoor, Sh. Anil ChachraFor Respondent: Sh. Mithun Shete, Sr. DR
Section 1Section 92D

…ion 44BB of the Act. He further submitted that the appeal preferred by the revenue against the said order was dismissed by the Hon'ble Uttarakhand High Court. At the very threshold, he further submitted that the Hon'ble Apex Court in the case of ONGC vs. CIT. 376 ITR 306 held that the services in connection with exploration and production of mineral oil shall fall within the purview of S.44 BB and outside the purview of fees for technical services as defined in Section 9(1)(vii) of the Act. He also brought it to our notice that in the assessment order for the Asstt. Year 2014-15, learned AO had accepted the taxab…

ACIT, Circle- II, International Taxation, Dehradun vs. Weatherford Oil Tools Me Ltd., Dehradun

ITA 7477/DEL/2017[2013-14]Status: DisposedITAT Dehradun28 Apr 2025AY 2013-14

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

For Appellant: Sh. Salil Kapoor, Sh. Anil ChachraFor Respondent: Sh. Mithun Shete, Sr. DR
Section 1Section 92D

…ion 44BB of the Act. He further submitted that the appeal preferred by the revenue against the said order was dismissed by the Hon'ble Uttarakhand High Court. At the very threshold, he further submitted that the Hon'ble Apex Court in the case of ONGC vs. CIT. 376 ITR 306 held that the services in connection with exploration and production of mineral oil shall fall within the purview of S.44 BB and outside the purview of fees for technical services as defined in Section 9(1)(vii) of the Act. He also brought it to our notice that in the assessment order for the Asstt. Year 2014-15, learned AO had accepted the taxab…

Weatherford Oil Tools M E Ltd., Dehradun vs. DCIT, Circle- 2, Intl. Taxation, Dehradun

ITA 7334/DEL/2017[2013-14]Status: DisposedITAT Dehradun28 Apr 2025AY 2013-14

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

For Appellant: Sh. Salil Kapoor, Sh. Anil ChachraFor Respondent: Sh. Mithun Shete, Sr. DR
Section 1Section 92D

…ion 44BB of the Act. He further submitted that the appeal preferred by the revenue against the said order was dismissed by the Hon'ble Uttarakhand High Court. At the very threshold, he further submitted that the Hon'ble Apex Court in the case of ONGC vs. CIT. 376 ITR 306 held that the services in connection with exploration and production of mineral oil shall fall within the purview of S.44 BB and outside the purview of fees for technical services as defined in Section 9(1)(vii) of the Act. He also brought it to our notice that in the assessment order for the Asstt. Year 2014-15, learned AO had accepted the taxab…

Aban Offshore Limited, Chennai vs. DCIT, Intl, Tax 1(1), Chennai

ITA 1240/CHNY/2024[2014-15]Status: DisposedITAT Chennai28 Apr 2025AY 2014-15

Bench: Shri Aby T.Varkey, Hon'Ble & Shri S.R. Raghunatha, Hon'Bleआयकर अपीलसं./Ita Nos.: 1240/Chny/2024 निर्धारण वर्ष / Assessment Year: 2014-15 Aban Offshore Limited, 113, Janpriya Crest, Pantheon Road, Egmore, Chennai - 600 008. Pan: Aaaca 3012H (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By The Deputy Commissioner Of Income Tax, Vs. International Taxation 1(1), Chennai. (प्रत्यर्थी/Respondent) : Shri P. Murali Mohan Rao, Ca (Through Virtual Mode) : Ms. R. Anita, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 19.02.2025 घोषणा की तारीख/Date Of Pronouncement : 28.04.2025 आदेश /O R Der Per S. R. Raghunatha: This Appeal By The Assessee Is Filed Against The Order Of The Commissioner Of Income Tax (Appeals), Chennai-16, Dated 13.03.2024 For The Assessment Year 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1. The Ld. Cit(A) Erred In Not Considering The Fact That The Order Passed U/S.250 Of The Income Tax Act, 1961, Dated 13.03.2024 Is Erroneous Both On Facts & In Law To The Extent The Order Is Prejudicial To The Interest Of The Appellant :-2-:

Section 115ASection 195(2)Section 250Section 44BSection 9(1)Section 9(1)(vi)Section 90

…आयकर अपीलीय अधिकरण, 'सी' न्यायपीठ, चेन्नई IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH, CHENNAI श्री एबी टी. वर्की, न्यायिक सदस्य एवं श्री एस.आर. रघुनाथा, लेखा सदस्य के समक्ष BEFORE SHRI ABY T.VARKEY, HON'BLE JUDICIAL MEMBER AND SHRI S.R. RAGHUNATHA, HON'BLE ACCOUNTANT MEMBER आयकर अपीलसं./ITA Nos.: 1240/Chny/2024 निर्धारण वर्ष / Assessment Year: 2014-15 Aban Offshore Limited, 113, Janpriya Crest, Pantheon Road, Egmore, Chennai - 600 008. PAN: AAACA 3012H (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant by प्रत्यर्थी की ओर से/Respondent by The Deputy Commissioner of Income Tax, Vs. International Taxation 1(1),…

Sms Concast Ag, New Delhi vs. DCIT (International Taxation), New Delhi

Appeal is allowed

ITA 5414/DEL/2016[2013-14]Status: DisposedITAT Delhi21 Mar 2025AY 2013-14

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahman

For Appellant: Ms. Richa Agarwal, CAFor Respondent: Sh. Vijay B. Basanta, CIT-DR
Section 143(3)Section 234B

…itzerland read with the Income-tax Act, 1961 (‘the Act’). (d) That the learned CIT (A) has grossly erred in law in ignoring and not following the decisions as relied upon by the appellant in the cases of:  CIT vs. Oil & Natural Gas Corporation Limited [2015] 376 ITR 306 (SC)  CIT vs. Hyundai Heavy Industries Company Limited [2007] 161 Taxmann 191 (SC)  Ishikawajma - Harima Heavy Industries Ltd. - Vs Director of Income Tax, Mumbai (288 ITR 408 SC)  National Petroleum Construction v. DIT [2016] 66 taxmann.com 16 (Delhi High Court)  Linde AG, Linde Engineering Division Vs. Deputy Director of Income Tax [2014] 4…

Kreuz Challenger Pte Ltd, Singapure vs. ACIT, International Taxation Circle2(1)(2), New Delhi

The appeal of the assessee is allowed

ITA 2373/DEL/2022[2019-20]Status: DisposedITAT Delhi09 Dec 2024AY 2019-20

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaassessment Year: 2019-20 Kreuz Challenger Pte Ltd., Vs Acit, 2, Venture Drive, International Taxation #24-01 Vision Exchange, Circle 2(1)(2), Singapore , 999999 New Delhi. Pan : Aahck3082A

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Ms C. Chandra Kanta, CIT-DR
Section 115ASection 143(3)Section 144C(13)Section 197Section 44BSection 44DSection 9(1)(vi)Section 9(1)(vii)Section 90(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : D : NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER Assessment Year: 2019-20 Kreuz Challenger Pte Ltd., Vs ACIT, 2, Venture Drive, International Taxation #24-01 Vision Exchange, Circle 2(1)(2), Singapore , 999999 New Delhi. PAN : AAHCK3082A (Appellant) (Respondent) Assessee by : Shri Salil Kapoor, Advocate Shri Anil Chachra, Advocate & Shri Shivam Yadav, Advocate Revenue by : Ms C. Chandra Kanta, CIT-DR Date of Hearing : 07.11.2024 Date of Pronouncement : 09.12.2024 ORDER PER ANUBHAV SHARMA, JM: This appea…

Mma Offshore Asia Vessel Operations Pte Ltd., Singapore vs. CIT (International Taxation)-3, Mumbai

ITA 2567/MUM/2024[2020-21]Status: DisposedITAT Mumbai08 Nov 2024AY 2020-21

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Sunil Kumar Singh, Hon'Ble

For Appellant: Shri Nitesh Joshi/Punit Lohiya, A/RsFor Respondent: Shri Vivek Perampurna, D/R
Section 142(1)Section 195Section 263

…40% (exclusive of surcharge @ 5% and health and education cess @ 4%). Accordingly, the effective tax rate applicable to MMASV in such a case is 4.368% on the gross receipts. Further, the Hon'ble Supreme Court in its judgment in the case of ONGC vs CIT [(2015) 376 ITR 306], acting as an agent of M/s. Foramer France [Civil Appeal No 731 of 2007] dated 1 July 2015, held that that in view of specific exclusion of 'mining or like project' from the definition of fees for technical services ('FTS'), the services or manpower provided to render technical services which is directly and inextricably linked with prospecting,…

Subros Limited, Delhi vs. DCIT Circle 22(2), Delhi

In the result, the appeal being ITA No

ITA 3579/DEL/2023[2020-21]Status: DisposedITAT Delhi09 Oct 2024AY 2020-21

Bench: Shri S.Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Salil Agarwal, Sr. AdvocateFor Respondent: Ms. Kirti Sankratyayan, Sr. DR
Section 115JSection 143(2)Section 35

…ive contracts on the reporting date, it is as per mercantile system of accounting and as per accounting standards. Further he relied on the decision of Hon’ble Apex Court in the case of Oil & Natural Gas Corporation Ltd. vs. Commissioner of Income- tax & Anr. 322 ITR 180. After considering the submissions of the assessee, Assessing Officer rejected the same and observed that if there M loss is on account of valuation loss which is contingent in nature. By relying on the decision of Woodward Governor India Pvt. Ltd. 312 ITR 254 and CBDT Instruction No.3/2010 dated 23.03.2010, he observed that M to M loss of foreig…

Subros Limited, Delhi vs. DCIT Circle 24(2) New Delhi, Delhi

In the result, the appeal being ITA No

ITA 3578/DEL/2023[2017-18]Status: DisposedITAT Delhi09 Oct 2024AY 2017-18

Bench: Shri S.Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Salil Agarwal, Sr. AdvocateFor Respondent: Ms. Kirti Sankratyayan, Sr. DR
Section 115JSection 143(2)Section 35

…ive contracts on the reporting date, it is as per mercantile system of accounting and as per accounting standards. Further he relied on the decision of Hon’ble Apex Court in the case of Oil & Natural Gas Corporation Ltd. vs. Commissioner of Income- tax & Anr. 322 ITR 180. After considering the submissions of the assessee, Assessing Officer rejected the same and observed that if there M loss is on account of valuation loss which is contingent in nature. By relying on the decision of Woodward Governor India Pvt. Ltd. 312 ITR 254 and CBDT Instruction No.3/2010 dated 23.03.2010, he observed that M to M loss of foreig…

Subros Limited, Delhi vs. JCIT Range 24 New Delhi, Delhi

In the result, the appeal being ITA No

ITA 3577/DEL/2023[2016-17]Status: DisposedITAT Delhi09 Oct 2024AY 2016-17

Bench: Shri S.Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Salil Agarwal, Sr. AdvocateFor Respondent: Ms. Kirti Sankratyayan, Sr. DR
Section 115JSection 143(2)Section 35

…ive contracts on the reporting date, it is as per mercantile system of accounting and as per accounting standards. Further he relied on the decision of Hon’ble Apex Court in the case of Oil & Natural Gas Corporation Ltd. vs. Commissioner of Income- tax & Anr. 322 ITR 180. After considering the submissions of the assessee, Assessing Officer rejected the same and observed that if there M loss is on account of valuation loss which is contingent in nature. By relying on the decision of Woodward Governor India Pvt. Ltd. 312 ITR 254 and CBDT Instruction No.3/2010 dated 23.03.2010, he observed that M to M loss of foreig…

Subros Limited, Delhi vs. Addl CIT Rang 24 New Delhi, Delhi

In the result, the appeal being ITA No

ITA 3576/DEL/2023[2015-16]Status: DisposedITAT Delhi09 Oct 2024AY 2015-16

Bench: Shri S.Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Salil Agarwal, Sr. AdvocateFor Respondent: Ms. Kirti Sankratyayan, Sr. DR
Section 115JSection 143(2)Section 35

…ive contracts on the reporting date, it is as per mercantile system of accounting and as per accounting standards. Further he relied on the decision of Hon’ble Apex Court in the case of Oil & Natural Gas Corporation Ltd. vs. Commissioner of Income- tax & Anr. 322 ITR 180. After considering the submissions of the assessee, Assessing Officer rejected the same and observed that if there M loss is on account of valuation loss which is contingent in nature. By relying on the decision of Woodward Governor India Pvt. Ltd. 312 ITR 254 and CBDT Instruction No.3/2010 dated 23.03.2010, he observed that M to M loss of foreig…

DCIT, Circle-8(1), Kolkata vs. Itc Limited, Kolkata

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

ITA 1223/KOL/2017[2011-12]Status: DisposedITAT Kolkata10 May 2024AY 2011-12

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 115JSection 143(1)Section 37

…nd perusing the material on record, we observe that the claim of marked to market loss is allowable business expenditure and a settled issue the Hon’ble Supreme Court in the case of CIT vs. Woodward Governor India (P) Ltd. (supra) and ONGC Ltd. vs. CIT [2010] 322 ITR 180 (SC). The AO has simply made the disallowance by following CBDT Instruction No. 3/ 2010 dated 23 I.T.A. Nos.1068 & 1166/Kol/2017 ITA Nos. 1222 & 1223/Kol/2017 Assessment Year: 2010-11 & 2011-12 ITC Limited. 28.09.2010 which in our opinion is not binding on appellate authorities particularly in case the deduction is allowable in line with the pro…

DCIT, Circle-8(1), Kolkata vs. Itc Limited, Kolkata

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

ITA 1222/KOL/2017[2010-11]Status: DisposedITAT Kolkata10 May 2024AY 2010-11

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 115JSection 143(1)Section 37

…nd perusing the material on record, we observe that the claim of marked to market loss is allowable business expenditure and a settled issue the Hon’ble Supreme Court in the case of CIT vs. Woodward Governor India (P) Ltd. (supra) and ONGC Ltd. vs. CIT [2010] 322 ITR 180 (SC). The AO has simply made the disallowance by following CBDT Instruction No. 3/ 2010 dated 23 I.T.A. Nos.1068 & 1166/Kol/2017 ITA Nos. 1222 & 1223/Kol/2017 Assessment Year: 2010-11 & 2011-12 ITC Limited. 28.09.2010 which in our opinion is not binding on appellate authorities particularly in case the deduction is allowable in line with the pro…

Itc Limited, Kolkata vs. ACIT, Range-8, Kolkata

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

ITA 1166/KOL/2017[2011-12]Status: DisposedITAT Kolkata10 May 2024AY 2011-12

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 115JSection 143(1)Section 37

…nd perusing the material on record, we observe that the claim of marked to market loss is allowable business expenditure and a settled issue the Hon’ble Supreme Court in the case of CIT vs. Woodward Governor India (P) Ltd. (supra) and ONGC Ltd. vs. CIT [2010] 322 ITR 180 (SC). The AO has simply made the disallowance by following CBDT Instruction No. 3/ 2010 dated 23 I.T.A. Nos.1068 & 1166/Kol/2017 ITA Nos. 1222 & 1223/Kol/2017 Assessment Year: 2010-11 & 2011-12 ITC Limited. 28.09.2010 which in our opinion is not binding on appellate authorities particularly in case the deduction is allowable in line with the pro…

Itc Limited, Kolkata vs. ACIT, Range-8, Kolkata

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

ITA 1068/KOL/2017[2010-11]Status: DisposedITAT Kolkata10 May 2024AY 2010-11

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 115JSection 143(1)Section 37

…nd perusing the material on record, we observe that the claim of marked to market loss is allowable business expenditure and a settled issue the Hon’ble Supreme Court in the case of CIT vs. Woodward Governor India (P) Ltd. (supra) and ONGC Ltd. vs. CIT [2010] 322 ITR 180 (SC). The AO has simply made the disallowance by following CBDT Instruction No. 3/ 2010 dated 23 I.T.A. Nos.1068 & 1166/Kol/2017 ITA Nos. 1222 & 1223/Kol/2017 Assessment Year: 2010-11 & 2011-12 ITC Limited. 28.09.2010 which in our opinion is not binding on appellate authorities particularly in case the deduction is allowable in line with the pro…

Computer Modelling Group Limited, Canada vs. ACIT International Taxation Circle 1(2)(1), New Delhi

In the result, all the four appeals of the assessee for AY 2012-13,

ITA 2091/DEL/2023[2020-21]Status: DisposedITAT Delhi03 May 2024AY 2020-21

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

…valid. 5.2 On the issue of addition, the Ld. CIT (A) concurred with the directions dated 19.04.2023 of the Ld. DRP in respect of similar addition made in AY 2019-20 and 2020-21 wherein the decision of Hon'ble Supreme Court in the case of ONGC vs. CIT (2015) 376 ITR 306 (SC) has been relied upon to 8 ITA Nos. 2090/Del/2023 & Ors. assess the income of the assessee under section 44BB of the Act. Similar addition is made in AY 2021-22 as well. 6. Aggrieved, the assessee is in appeal before the Tribunal and the main issue of taxing the entire receipts of the assessee by applying the provisions of section 44BB of th…

Computer Modelling Group Limited, Canada vs. DCIT Circle International Taxation 1(2)(1), New Delhi

In the result, all the four appeals of the assessee for AY 2012-13,

ITA 2090/DEL/2023[2012-13]Status: DisposedITAT Delhi03 May 2024AY 2012-13

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

…valid. 5.2 On the issue of addition, the Ld. CIT (A) concurred with the directions dated 19.04.2023 of the Ld. DRP in respect of similar addition made in AY 2019-20 and 2020-21 wherein the decision of Hon'ble Supreme Court in the case of ONGC vs. CIT (2015) 376 ITR 306 (SC) has been relied upon to 8 ITA Nos. 2090/Del/2023 & Ors. assess the income of the assessee under section 44BB of the Act. Similar addition is made in AY 2021-22 as well. 6. Aggrieved, the assessee is in appeal before the Tribunal and the main issue of taxing the entire receipts of the assessee by applying the provisions of section 44BB of th…

Computer Modelling Group Limited, Canada vs. ACIT, Circle-1(2)(1), Int. Taxation, New Delhi

In the result, all the four appeals of the assessee for AY 2012-13,

ITA 2305/DEL/2022[2019-20]Status: DisposedITAT Delhi03 May 2024AY 2019-20

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

…valid. 5.2 On the issue of addition, the Ld. CIT (A) concurred with the directions dated 19.04.2023 of the Ld. DRP in respect of similar addition made in AY 2019-20 and 2020-21 wherein the decision of Hon'ble Supreme Court in the case of ONGC vs. CIT (2015) 376 ITR 306 (SC) has been relied upon to 8 ITA Nos. 2090/Del/2023 & Ors. assess the income of the assessee under section 44BB of the Act. Similar addition is made in AY 2021-22 as well. 6. Aggrieved, the assessee is in appeal before the Tribunal and the main issue of taxing the entire receipts of the assessee by applying the provisions of section 44BB of th…