Sec. 44BB

Section 5, Sec. 44BB, Sec. 5(2), Sec. 9(1)(i), Sec. 9(1)(vi), Section 9

AAR H.C : Whether sum paid by the applicant to the vessel providing companies (‘VPC’) under global usage Bareboat Charter Agreements (‘BBC agreements’) could be said to accrue or arise or deemed to accrue or arise in India under the provisions of the IT Act, 1961 (‘Act’) and therefore subject to withholding tax in India ?

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Authority For Advance Rulings Seabird Exploration FZ, LLC, IN RE Section 5(2), 9(1)(i), 9(1)(vi), 44BB P.V. Reddi, J., Chairman; J.

Income Tax Case Laws, Sec. 44BB, Section 42

Uttarakhand H.C : the CIT(A) which was perverse on facts and circumstances of the case in not appreciating the facts that production sharing contract (PSC) was applicable only to the members of the consortium/joint venture and the assessee, Enron Export Services Inc. (EESI) was not a member of consortium/joint venture and it was only an affiliate of Enron Oil & Gas India Ltd. (EOGIL). Hence, the terms and condition of the production sharing contract were not applicable to the EESI at all

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High Court Of Uttarakhand CIT vs. Enron Expat Services Inc. Section 42, 44BB, 90(2), DTAA between India & USA, art.

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