Amount falling u/s. 44BB of Income Tax Act have been excluded from the purview of the royalty

RELEVANT PARAGRAPH

1. The applicant is a company incorporated in Norway has filed this application under section 245Q (1) of the Income-tax Act, 1961 (hereinafter referred to as `IT Act’) seeking advance ruling on the following questions:

1.1 Whether on the stated facts and in law the income derived by Master and Commander AS (`M&C) ought to be computed in accordance with the computational mechanism under section 44BB of the Act?

2. If the answer to question no.1 is in affirmative, what would be the rate at which tax is to be withheld from payments made by the applicant to M&C?

1.3. Whether on the stated facts and in the circumstances of the case, even if the consideration for the services provided by M&C is construed to be in the nature of `Royalty’ or `Fees for technical services’ under Article 13 of the Double Taxation Avoidance Agreement between India and Norway (`tax treaty’) nevertheless, the income chargeable to tax ought to be computed having regard to the computational mechanism under section 44BB of the Act?

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