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2022 (3) TMI 1012 - AT - Income TaxIncome accrued In India - taxability of payment received from assessee from Standard Chartered Bank India(SCB) - 'Royalty' or 'Fees for Technical Services' under Section 9(l)(vi) and 9(l)(vii) - as held receipts from SCB, India are Royalty/FTS specially after the retrospective amendments section 9 - HELD THAT:- As assessee is = providing similar services to other clients like Hong Kong Government and other big MNEs and there is nothing special or exclusive about the services which are being rendered to SCB. In view of the entire gamut of facts as discussed above, we are of the opinion that the payment made by SCB to assessee- company does not fall within the realm of ‘fees for technical services’ as contained in Sec. 9(1)(vii), albeit the assessee has only provided a standard facility for data processing without any human intervention. Accordingly, we hold that the said payment is not taxable in India as ‘fees for technical services’ in terms of Sec. 9(1)(vii) of the Act. Thus, the issue raised in favour of the assessee.
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