PGS Geophysical AS v. Income Tax Department, International Tax Circle (2026)

Delhi High Court: Non-resident company's challenge to withholding tax order characterising seismic survey receipts as Royalty/FTS succeeds; matter remanded for fresh consideration
Delhi HC

Legal Provisions Involved: Sections 44BB, 44DA, 197, 9(1)(vi), 9(1)(vii), 115A of the Income Tax Act, 1961

Judgement by: High Court of Delhi

Judge/Bench: Hon’ble Mr. Justice V. Kameswar Rao and Hon’ble Mr. Justice Vinod Kumar 

Facts

The petitioner contracted with ONGC for 2D and 3D broadband seismic data acquisition in Eastern Offshore India. For FY 2024-25, the Revenue issued a Section 197 certificate at 3.5% withholding tax and for FY 2025-26, under the same contract, the Revenue issued a certificate at 7%, characterising receipts as Royalty/FTS taxable under Section 44DA. 

Key Legal Provisions

Sections 44BB, 44DA, 197, 9(1)(vi), 9(1)(vii), 115A of the Income Tax Act, 1961

Issues raised

  1. Whether seismic data acquisition services constitute FTS/Royalty under Section 44DA or fall under Section 44BB.
  2. Whether the Revenue could depart from the prior year’s position without change in facts.

Arguments of the case

The Appellant argued that receipts are taxable under Section 44BB as seismic services are integral to mineral oil exploration and the Revenue violated consistency principles by increasing the withholding rate without change in facts. The Respondent on the other hand argued that seismic surveys involve no construction, mining, or assembly, thus not falling under the FTS exclusion. 

Judgement

The Court set aside the impugned order and remanded the matter to the AO, holding that the characterisation as FTS cannot be sustained. 

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