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2018 (7) TMI 2259 - AT - Income TaxIncome accrued in India - FTS receipt - AO treating the standby maintenance charges received by the assessee to be in the nature of ‘fee for technical services’ as per Sec. 9(1)(vii) of the Act as against assessee’s stand of it being liable to be taxed as ‘business income’ - HELD THAT:- The issue has been consistently adjudicated by the Tribunal since Assessment Years 1998-99 onwards upholding the stand of the assessee that the receipts from standby maintenance charges cannot be taxed as ‘fee for technical services’. Therefore, following the aforesaid precedents which have been rendered in identical circumstances, and since they continue to hold the field as they have not been altered by any higher authority, we affirm the decision of CIT(A) qua the grounds raised by the Revenue and accordingly, Revenue fails in its appeal.
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