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2020 (8) TMI 806 - AT - Income TaxTP Adjustment - comparable selection - HELD THAT:- Appellant herein is engaged in the business of market development and dissemination of product information of speciality chemicals and polymers. It is also engaged in research and development activities and provides onsite technical and back-office support services. Companies functionally dissimilar with that of assessee need to be deselected from final list. TDS u/s 195 - disallowance u/s 40(a)(i) - global support service charges paid - HELD THAT:- Payment made by the assessee cannot be considered as fees for technical services as defined under Article 12(4)(b) of the India–Singapore tax treaty and for this reason also we do not have to examine taxability of the same under section 9(1)(vii) of the Act. Moreover, it is a fact on record that the payment of global support service fee was made under the agreement which has continued from the year 2003. It is a matter of record that in the preceding assessment years though the assessee has paid global support service fees to EMCAP without deducting tax at source, no disallowance under section 40(a)(i) was ever made. There being no difference in facts in the impugned assessment year, considering that the payment was made under the same contract, even, applying the rule of consistency, no disallowance under section 40(a)(i) can be made in the impugned assessment year. Accordingly, we delete the disallowance made by the Assessing Officer - Decided in favour of assessee.
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