COMMISSIONER INCOME-TAX Vs. ONGC LTD

JUDGEMENT

(1.) THIS appeal, preferred under Section 260A of the Income -tax Act, 1961, is directed against the judgment and order dated February 9, 2007, passed by Income -tax Appellate Tribunal, Delhi Bench 'E', (hereinafter referred as 'the ITAT'), whereby the order dated August 26, 2004, passed by the Commissioner of Income -tax (Appeals), Dehradun, (hereinafter referred as 'the CIT(A)') is set aside. The Commissioner of Income -tax (Appeals) dismissed the appeal of the assessee and affirmed the assessment order passed by the Assessing Officer under Section 143(3) of the Income -tax Act, 1961.

(2.) HEARD learned Counsel for the parties.

(3.) THE case of the assessee is that the tax is to be charged on the income of the assessee under Section 44BB of Income -tax Act, 1961, while that of the Revenue/present appellant, is that the assessee has rendered the technical services for which it has been paid fee and its case is covered under Section 115A read with Section 44D of the Act.