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2014 (1) TMI 1742 - AT - Income TaxDisallowance made u/s 40(a)(i) - failure on the part of the assessee to deduct tax at source on the payment of royalty - Held that - Considering the submission of the parties in the light of the ratio laid down in case of CIT vs. Dynamic Vertical Software India P. Ltd (2011 (2) TMI 77 - DELHI HIGH COURT ) and keeping in view the direction given by the co-ordinate bench in assessee s own case for the assessment years 2004-05 and 2005-06 we also remit the issue back to the file of the Assessing Officer who shall consider it afresh after examining all the facts and materials on record. The Assessing Officer shall also take into consideration any decision which may be relied upon by the assessee in support of its claim. Since we have remitted the issue back to the file of the Assessing Officer for considering the same afresh it will be open to the assessee to raise all other contentions with regard to its claim of not being liable to deduct tax at source u/s 195 of the Act. With the aforesaid observation the matter is remitted to the file of the Assessing Officer for deciding the same in accordance with law after affording a reasonable opportunity of being heard to the assessee.
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