Income received by a non-resident businessman from services coming within S. 44BB is not taxable U/s. 9(1)(vii) r.w.s. 44DA

The Applicant, a Polish company, was engaged in conducting seismic surveys and providing seismic data to oil companies in connection with their oil exploration and drilling activities. The AAR had to consider whether the income derived by the Applicant was assessable u/s 44BB or u/s 9 (1) (vii) r.w.s. 44DA. HELD, deciding in favour of the Applicant: (i) S. 44BB applies to an assessee engaged in the business of providing services or facilities in connection with ….. the prospecting … of mineral oils. On the other hand, Explanation 2 to s. 9 (1) (vii) defines “fees for technical services�...