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2010 (10) TMI 682 - ITAT, COCHINApplicability of section 40(a)(ia) - TDS u/s 194J - Fees for technical services - service support to the customers, i.e., the purchasers of the products by XIL, which includes services during the warranty period and comprehensive services thereafter, which are undertaken by it on the basis of various agreements with the customers, viz., Full Service Maintenance Agreement (FSMA), Spares and Service Maintenance Agreement (SSMA). - Held that:- Tribunal, being not a court of law, cannot read down a statutory provision. There is no gain saying that our decision is based on the premises of the constitutional validity of the provision, and if this condition is not found to obtain, it shall consequentially fail. - The assessee has itself classified the same in its books as 'technical fees' - The argument of no loss of revenue (to the Revenue) is not valid as the provision is a substantive provision of law which is unambiguous and clear in its intent and scope. - Decided against the assessee.
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