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2012 (12) TMI 609 - DELHI HIGH COURTReassessment - "fees for technical services" within the meaning of Section 9(1)(vii) - interest-free loan - interest under Section 9(1)(b) of the Act as well as under Article 11 of the Agreement for the Avoidance of Double Taxation entered into between India and USA. - business connection - held that:- where the existence of a business connection was held to depend on the facts of each case, we are of the view that there was prima facie material in the possession of the Assessing Officer to form a tentative belief that Section 9(1)(i) was attracted. This reason by itself constituted a relevant ground to reopen the petitioner's assessments. The assessing officer was justified in taking the prima facie view that CISPL constituted the petitioner's permanent establishment in India. - So far as the assessability of the interest under Section 9(1)(v) is concerned it would appear that clause (b) of Section 9(1)(v) is applicable. Writ petition against the issuance of notice u/s 148 dismissed with a cost of Rs. 75,000 - Decided against the assessee.
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