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2014 (7) TMI 1156 - AT - Income TaxWithholding of taxes u/s 195 - whether payment made by the assessee to noresident for purchase of new designs of furniture clearly being transfer of special knowledge? - CIT(A) deleted tds liability - Held that:- The sole basis of ADIT (International Taxation) holding the advertisement as fees for technical services was the vehement reliance on Hon'ble Karnataka High Court judgemnet in the case of CIT vs. Samsung Electronics Co. Ltd. (2009 (9) TMI 526 - KARNATAKA HIGH COURT ). However, the Hon'ble Supreme Court in the case of M/s. GE India Technology Centre (P) Ltd. vs. CIT & Anr.(2010 (9) TMI 7 - SUPREME COURT OF INDIA ) reversed this proposition of Hon'ble Karnataka High Court (supra). Thus, in our considered view, the advertisement payment made to NRI cannot be held as liable to TDS. We further hold that there is no element of rendering any managerial, technical or consultancy services so as to be termed as fees for technical services. - Decided in favour of assessee.
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