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2016 (8) TMI 552 - ITAT CHENNAI

2016 (8) TMI 552 - ITAT CHENNAI - [2016] 49 ITR (Trib) 638 - TDS u/s 195 - disallowance made against payment made to Consequence Australia Pty. Ltd., Australia, for purchase of database by treating it as payment made for obtaining technical services which comes within the scope of section 9 consequently attracting the provisions of section 40(a)(i) read with section 195 - Held that:- Double Taxation Agreement between India and Australia is not considered by the Revenue while arriving at their re .....

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he Respondent : A. V. Sreekanth, Joint Commissioner of Income-Tax ORDER A. Mohan Alankamony (Accountant Member) 1. This appeal is filed by the assessee aggrieved by the order of the learned Commissioner of Income-tax (Appeals)-6, Chennai, dated April 17, 2015, in I. T. A. No. 92/ CIT(A)-6/2009-10 passed under sections 143(3) and 250(6) of the Income- tax Act, 1961. 2. The assessee has raised several grounds in its appeal, however, the crux of the issue is that the learned Commissioner of Income- .....

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alling filed its return of income on November 10, 2007, declaring nil income. The case has been selected for scrutiny under CASS and the assessment was completed by the learned Assessing Officer under section 143(3) of the Act on November 5, 2009. During the course of assessment proceedings, the learned Assessing Officer noticed that the assessee had paid a sum of ₹ 20,99,648 to M/s. Consequence Australia Pty. Ltd., Australia, for purchase of database. However, the assessee has not deducte .....

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