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2016 (3) TMI 1356 - AT - Income TaxNot accepting the claim of rate of tax applicable to domestic companies and/or co-operative banks in accordance with the provisions of Article 26 (Non-discrimination) of the double taxation avoidance agreement between India and the Republic of France ('India - France tax treaty' - HELD THAT:- 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 co-ordinate benches, we reject the grievance of the assessee. No interference is thus called for. Income accrued in India - data processing fees paid by the India branch office of the appellant to its Singapore bench, as income of the appellant under article 13 (royalties and fees for technical services) of the India France DTAA” - whether an internal charge on the PE can result in income in the hands of the GE or an intra GE unit? - HELD THAT:- As decided in own case [2014 (7) TMI 1305 - 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
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