TMI Blog2014 (6) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... e proving that the agents had provided or made available any technical services has been filed - the Revenue’s mere plea that the assessee’s obligation of export commission attracts 9 r.w.s 195 does not deserve acceptance – relying upon Commissioner of Income Tax Versus M/s. T. Abdul Wahid & Company, M/s. Farida Leather Company [2014 (6) TMI 463 - ITAT CHENNAI] – Decided against Revenue. - I.T.A. No.2123/Mds/2013 - - - Dated:- 2-6-2014 - Dr. O. K. Narayanan And Shri S. S. Godara,JJ. For the Appellant : Shri. S. Das Gupta, JCIT For the Respondent : Shri. G. Baskar, Advocate ORDER Per S. S. Godara, Judicial Member This Revenue s appeal for assessment year 2009-10; emanates from order dated 23.09.2013 passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agents commission @ 2.5% on FOB value of all orders. 5. On being granted opportunity, the assessee had drawn distinction between two methods of commission payments. First one was that commission was directly deducted by the overseas bank from the export proceeds and paid to the overseas agents as per terms provided in the letters of credit. The second mode was that commission was directly remitted in foreign currency through banks as per contractual terms. The assessee contested applicability of Sec.9 rws Sec 195 as the payees/agents did not have any permanent establishment in India which would warrant TDS deduction. It had placed reliance on Circular No.23 of 1969 stipulating that commission paid to overseas agents for procuring orders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave heard both sides and perused the case file. The Revenue vehemently argues that the assessee had availed technical services for procuring exports orders as well as in getting update on fashion and market trends. Opposing this, the assessee submits that it had not availed any technical services from the overseas agents who did not have any permanent establishment in India to attract deemed income concepts. We make it clear that no evidence has been placed on record to allege any misreading of evidence by the CIT(A). It transpires to us that assessee s overseas agents do not have any permanent establishment in India. The assessee and its agents had executed agreements for procuring export orders and furnishing of upto date information abou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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