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2017 (5) TMI 1638 - HC - Income TaxTDS liability on reimbursement of expenditure - TDS u/s 192 - salary expenditure of four employees deputed to the assessee for providing assistance in the area of management to setting up of business property selection and retail operations etc. - as held by the AO to be fee for technical services as per the provisions of the DTAA - Held that - There was a service agreement drawn up and for providing such assistance between these two companies. It was essentially a joint venture. Having noted all the clauses in the agreement the Tribunal rendered a finding of fact that there is no rendering of service within the meaning of the double tax avoidance treaty. This was a clear case of deputing the officials / employees for the promotion of the business of the assessee which is Indian arm of M/S. Marks & Spencer PLC UK. Since the said payment to the employees is already subjected to tax in India therefore there is no question of treating the assessee in default for non deduction of tax at source. Once the facts were clear as these there was no illegality in the order of the Commissioner of Income Tax (Appeals) which was maintained by the Tribunal. The appeal of the Revenue was rightly dismissed by the Tribunal.
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