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2013 (11) TMI 1683 - AT - Income TaxWhether the receipt treated as FTS by the AO should be included as part of total consideration of sub-contract receipt and deserves to be assessed as per provisions of Sec. 44BB of the Act and the balance receipt is also to be assessed u/s. 44BB of the Act? - Held that:- The assessee is engaged in the business of providing services or facilities in connection with its business, therefore, provisions of Sec. 44BB clearly apply on the facts of the case. The AO has grossly erred in considering part of the income of the assessee as fee for technical services without pointing out which part relates to FTS. The Ld. CIT(A) has rightly considered the entire income to be taxed u/s. 44BB of the Act. The work/services done by the assessee do not come within the purview of Sec. 9(1)(vii) of the Act Assessee would be liable for paying interest u/s. 234B of the Act.
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