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2016 (3) TMI 1355 - AT - Income TaxNot accepting the claim of rate of tax applicable to domestic companies and/or co-operative banks also applicable to the Appellant, in accordance with the provisions of Article 26 (Non-discrimination) of the India-France tax treaty - DTAA - HELD THAT:- The issue is covered, against the assessee, by a series of orders passed by the various co-ordinate benches in assessee’s own case as also in the cases of Chohung Bank vs. DDIT [2005 (11) TMI 372 - ITAT MUMBAI] and JCIT vs. Sakura Bank Limited [ [2005 (12) TMI 465 - ITAT MUMBAI] In this view of this undisputed position and the conclusions arrived at by the learned CIT(A) being in harmony with the views of the coordinate benches, we reject the grievance of the assessee. No interference is thus called for. Accrual of income - data processing fees paid by Indian branch offices of the appellant to its Singapore branch, as income of the appellant under Article 13 (Royalties and fees for technical services and payments for the use of equipment) of the India-France tax treaty - HELD THAT:- As decided in assessee's own case [2012 (8) TMI 329 - ITAT, MUMBAI] Payment on account of data processing charges paid to BNP Singapore cannot be taxed in the hands of the assessee. The conclusion arrived at by the coordinate bench, whatever may have been the path traversed by the coordinate bench to reach this point, are the same as arrived at by us. Of course, our reasons are different, as set out earlier in this order, but that does not really matter as on now. We fully agree with the conclusions arrived at by the coordinate bench. We, therefore, direct the Assessing Officer to delete the impugned disallowance - Decided in favour of assessee
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