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2016 (7) TMI 1432 - AT - Income TaxBenefit of the non-discrimination clause of the India-Korea DTAA - taxing the Appellant's income @ 40% (plus surcharge and education cess) instead of at the rate applicable to a resident taxpayer - Held that:- This issue has been consistently decided against the assessee wherein it has been held that assessee's income would be taxed at the rate of 40% plus surcharge and education cess, instead of at the rate applicable to resident taxpayers. The Tribunal discussed the entire issue in detail after considering the assessee's submissions on Article 25 of the DTAA between India and Korea and held that rate of tax would be @ 40%. Accordingly, Ground No. 1 is dismissed. Disallowance of software charges paid by the Bank - non-deduction of tax at source under section 40(a)(i) - Held that:- We hold that the assessee was not liable to deduct TDS on such payment. Therefore, no disallowance u/s. 40(a)(i) is called for in the present case. See Infrasoft Ltd. [2013 (11) TMI 1382 - DELHI HIGH COURT ]
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