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2017 (12) TMI 917 - AT - Income TaxTDS u/s 195 - non deduction of tds in respect of the purchase of crude oil by invoking the provisions of Sec.40(a)(i) - Held that:- The claim of the assessee that the decision of the Hon’ble Supreme Court in the case of M/s.GE India Technology Cen.(P) Ltd. [2010 (9) TMI 7 - SUPREME COURT OF INDIA] would apply and TDS is liable to be made when the remittances is on sum chargeable under the Act would come into play. Now, M/s.HEPI having income chargeable under the Act in India and having been assessed to such tax under the Act in India and the assessee having not obtained the necessary Certificate u/s.197(2), we are of the view that the disallowance made by the AO on account of non-deduction of TDS in respect of the purchase of the crude oil from M/s.HEPI by the assessee, which has also been upheld by the Ld.CIT(A) is on a right footing and does not call for any interference. - Decided against assessee. Nature of expenses - software license fees and maintenance fees - revenue or capital - Held that:- The assessee had paid software license fees and maintenance fees to M/s.Aspen Tech for the systems which is used by the refinery for making decision support solutions for optimizing production. These payments are made on yearly basis and towards maintenance of the software. The expenditure is in nature of recurring one - Decided in favour of assessee.
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