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2022 (10) TMI 1171 - AT - Income TaxIncome deemed to accrue or arise in India - Royalty receipt - Non-taxable business income in the nature of Subscription Fees for standard online market research database on pharmaceutical sector taxed as Royalty under Section 9(1)(vi) - India- Switzerland Tax Treaty - HELD THAT:- As decided in assessee own case [2022 (5) TMI 1547 - ITAT MUMBAI] we uphold the plea of the assessee and delete the impugned addition in respect of subscription fees received by the assessee. Non granting of TDS Credit - AR submitted that assessee has filed rectification application u/s 154 requesting for grant of TDS - HELD THAT:- AO has completed Assessment under section 143(3) r.w.s 144C(13) of the Act. Therefore, certain informations were not available with him at the time of completion of the final Assessment Order. However, assessee has filed rectification application u/s. 154 of the Act and it is the duty imposed on the AO to complete the rectification process within six months. Even otherwise the AO should have intimated the same - We remit this issue back to the file of the AO to verify the claim of the assessee - Ground raised by the assessee is allowed for statistical purpose.
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