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2015 (1) TMI 311 - AT - Income TaxTDS u/s 195 - Disallowance under section 40(a)(i) - overseas agencies commission paid to non-residents without deduction of tax at source - Held that:- From the scope of services of the agreement, we do not find any managerial/technical services are to be provided to the assessee by the overseas agent M/s. James Druchas, USA so as to attract the provisions of section 195 of the Act. However, this agreement which was entered into on 5.6.2008 is relevant to the assessment year 2009-10 and the assessment year under appeal now before us is 2007-08. Neither the assessee nor the Revenue placed an agreement relevant for the assessment year under consideration. In such circumstances, we are not able to decide the issue. Therefore, we are of the considered view that this matter has to be re-examined by the Assessing Officer with reference to the agreement prevailing for the assessment year 2007-08 and the conditions mentioned thereon for the relevant assessment year i.e. 2007-08. Therefore, we restore this issue to the file of the Assessing Officer to examine afresh with reference to the agreement and the case laws relied on this issue. - Decided in favour of Revenue.
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