TMI Blog2016 (4) TMI 1282X X X X Extracts X X X X X X X X Extracts X X X X ..... ied by the Assessing Officer at the time of the assessment proceedings. In fact there was no mention in CIT(A)’s order about the agreement as well and whether the same was verified or not is not clear. Thus, the said issue is remanded back to the Assessing Officer. In view of this, assessee’s appeal is partly allowed for statistical purpose. - I.T.A .No.-4724/DEL/2011, I.T.A .No.-5406/DEL/2011 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Further the amount of subscription fees received is dependent on the turnover of the associate member implying thereby that there is a direct nexus between the specific services provided by the association and the achievement of gross turnover by the members of NASSCOM. Hence, the amount received from the members should be taxable. 2. The CIT(A) has erred in disallowing the additions made on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant failed to establish the reasonableness and nexus of the aforesaid payment to M/s Ray and Keshwan Design Associates (P) Ltd. with the objectives of the appellant. 3. The Ld. AR submitted that the Ground No. 1 3 of the Revenue s appeal is covered by the decision of the Hon ble Delhi High Court in assessee s own case i.e. DIT Exemption Vs. National Association of Software and Services C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal was wrong in holding that the annual subscription fees was not assessable under the section. The substantial question of law is thus answered in the affirmative, in favour of the assessee and against the Revenue. 4. The Ld. DR did not refute the said submissions made by the Ld. AR. In view of this Ground No. 1 3 of the Revenue s appeal are dismissed. 5. As relates to Ground N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Revenue. 7. As relates to the assessee s appeal, the payment of professional services rendered by the assessee company needs to be verified by the Assessing Officer, as there was no agreement or evidence verified by the Assessing Officer at the time of the assessment proceedings. In fact there was no mention in CIT(A) s order about the agreement as well and whether the same was verified or n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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