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The Tax Publishers Adani Welspun Exploration Ltd. v. ITO [ITA No. 629/Ahd/2016, dt. 4-5-2016] : 2016 TaxPub(DT) 2233 (Ahd-Trib) Payment for 2D/3D seismic reporting/assessment whether subject to TDS *Facts:* Assessee had to pay to one RPS Energy Ltd. of UK for 2D/3D seismic report/assessment and test reports which will enable assessee to understand better of the statigraphic and isopach layering of the exploration zone. No TDS was done on the same. Assessing officer held them to be in default of TDS and thus disallowed under section 40(a)(ia) holding that these were FTS under section 9(1)(vii) read with the DTAA. Commissioner (Appeals) upheld the said views. On further appeal: Held in favour of the assessee that the seismic report did not make available any FTS to be taxed under Indo-UK DTAA and no TDS was applicable on the same. De Beers India Minerals Pvt. Ltd. 346 ITR 467 applied.

The Tax Publishers

Adani Welspun Exploration Ltd. v. ITO [ITA No. 629/Ahd/2016, dt. 4-5-2016] : 2016 TaxPub(DT) 2233 (Ahd-Trib)

Payment for 2D/3D seismic reporting/assessment whether subject to TDS

Facts:

Assessee had to pay to one RPS Energy Ltd. of UK for 2D/3D seismic report/assessment and test reports which will enable assessee to understand better of the statigraphic and isopach layering of the exploration zone. No TDS was done on the same. Assessing officer held them to be in default of TDS and thus disallowed under section 40(a)(ia) holding that these were FTS under section 9(1)(vii) read with the DTAA. Commissioner (Appeals) upheld the said views. On further appeal:

Held in favour of the assessee that the seismic report did not make available any FTS to be taxed under Indo-UK DTAA and no TDS was applicable on the same. De Beers India Minerals Pvt. Ltd. 346 ITR 467 applied.