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2011 (11) TMI 439 - HC - Income TaxTaxability of the amounts received by the assessee on account of offshore supplies - single contract for supply of equipments and services offshore/onshore - Held That:- If the composite contract specifically records the quantum of goods to be supplied outside India and even the payment is made outside India, then no fault can be found with the decision of ITAT in holding that the income arising from offshore supplies are not taxable in India. Once it is held that the amounts in question are not taxable in India, then the question of applying the DTAA between India and Australia does not arise at all. See Ishikawajima-Harima Heavy Industries Ltd. v. DIT (2007 (1) TMI 91 (SC)) - Decided against Revenue. TDS - Interest u/s 234B - Revenue contending liability of the payee to pay advance tax even on the amount which had not been deducted at source u/s 195 - Held that:- When a duty is cast on the payer to pay the tax at source, on failure, no interest can be imposed on the payee-assessee. See DIT v. NGC Network Asia LLC (2009 (1) TMI 174 (HC)) - Decided against Revenue.
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