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2016 (3) TMI 1104 - AT - Income Tax'Royalty' and 'Fees for Technical Services' under Section 9(1)(vi) and 9(1)(vii) - Contract for Provision of Computing Services entered into between the Appellant and Standard Chartered Bank, India (‘SCB India') for the services - Held that:- The assessee company submitted that if the said payment are held to be income taxable in India and benefit of Section 115A of the Act is denied to the assessee, then the expenses incurred by the assessee company should be allowed if it is held to be royalty/ fee for technical services. Respectfully following the afore-stated orders of the co-ordinate Bench of the Mumbai-Tribunal in the assessee company’s own case for the assessment year 2009-10 we also set aside the orders of the Revenue Authorities in the instant appeal in for the assessment year 2011-12 and restore all the issues raised by the assessee company in the ground of appeal filed with the Tribunal to the file of the A.O. for de-novo determination of all the aforestated issues on merits in accordance with law and also keeping in view the direction given by the Tribunal hereinabove in the appeal for the assessment year 2009-10. Needless to say, the adequate and proper opportunity of hearing will be granted by the AO to the assessee company in accordance with the principles of natural justice in accordance with law .We order accordingly.
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