Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 683 - AT - Income TaxBorrowed service rendered by the Appellant - taxability in India as FTS or not? - India-Greece Tax Treaty - Held that:- In this case the assessee has earned income by rendering the services in the course of its business and therefore, it is nothing but business profit which is covered under Article 3. Admittedly the assessee does not have PE in India the same cannot be held to be taxed in India as per the express provision of Article 3. Thus we hold that the fees received by the assessee cannot be taxed in India as FTS. - Decided in favour of assessee. Interest u/s 234B - Held that:- As admitted by both the parties that this issue is no longer res-integra in view of the decision of Hon'ble jurisdictional High Court in the case of DIT v. NGC Network Asia LLC [2009 (1) TMI 174 - BOMBAY HIGH COURT].- Decided in favour of assessee. Interest u/s 234D - Held that:- This matter is restored back to the file of the AO, as the assessee has claimed in its ground of appeal that no refund has been granted to the assessee. This fact needs to be verified by the AO and appropriate relief may be given, if admissible in law. - Decided in favour of assessee for statistical purposes.
|