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2012 (11) TMI 809 - AT - Income TaxRevision Order u/s 263 by DIT – DTAA between India and USA – DIT has observed that the AO has not examined the ‘Base Agreement’ and has not examined the exact nature of the services - the AO has taken a possible view that it was not in the nature of Fees for technical or fees for including services provide by assessee with reference to any technical services rendered in relation to any product or software developed – Held that:- We can safely presume on the basis of Tribunal’s findings in favour of one of the party in agreement in this case that finding and view taken by the AO in accepting the assessee’s explanation is a better possible view. Following the decision in case of Malabar Industrial Co. Ltd. (2000 (2) TMI 10 - SUPREME COURT) that on one of the two courses permissible by law has been adopted by the AO and it has resulted in loss of the revenue and where two views are possible and the AO has taken one view with which CIT does not agree, it cannot be treated as erroneous or prejudicial to the Revenue, unless the view taken by the AO is unsustainable in law. Appeal decides in favour of assessee
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