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2017 (4) TMI 352 - AT - Income TaxRoyalty/fees for technical services u/s. 9 (1) (vi)/9 (1)(vii) - Held that:- As decided in assessee's own case for previous AYs assessee is also 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. - Decided in favour of assessee Short credit of TDS - Held that:- The AO is directed to verify the claim made by the assessee and allow the credit, if due. Charging of interest u/s. 234A/B - Held that:- It is admitted that this issue is covered in favour of assessee in view of the decision of Hon'ble Bombay High Court in the case of NGC Network Asia LLC(2009 (1) TMI 174 - BOMBAY HIGH COURT) wherein held that when a duty is cast on the payer to pay the tax at source, on failure, no interest can be imposed on the payee-assessee.
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