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2009 (7) TMI 170 - AT - Income TaxExtract: .......has a PE in India. We, therefore, hold that the payment by IOC to Proner is not in the nature of royalty and, therefore, the same was not chargeable to tax in the hands of Proner under the IT Act, 1961 in the light of the Indo-Austrian treaty. Consequently, there was no obligation on the part of IOC to deduct tax at source. The appeals are allowed.
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