9911796707
TMI Blog2012 (10) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee arises out of the order passed by the Assessing Officer u/s 143(3) read with section 144C(13) in relation to the assessment year 2008-2009. 2. The first ground regarding the treatment of marketing contributions as royalty income u/s 9(1)(vi) and Article 12 of the Indo-UK treaty was not pressed by the learned AR. The same is, therefore, dismissed. 3. Second ground of the appeal is w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... low this ground of appeal. 4. The ground no. 3 is against treating the receipts from Value Added Services (VAS) as fees for technical services u/s 9(1)(vii) and Article 13 (sic) of Indo-UK tax treaty. The learned AR candidly accepted that the Tribunal in the afore-noted order has decided this issue against the assessee. The relevant discussion is made on page 45 para 7.31 of the order. In the abs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held to be taxable at the rate of 10% along with surcharge and education cess. It is observed that this order u/s 154 was passed on 24.03.2009 and the Tribunal order for assessment year 2007-2008 was passed on 18.11.2011 i.e. after the passing of the rectification order u/s 154. The learned Departmental Representative has also requested that the matter be restored to the file of A.O. in accordanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh to concede the position in this regard. This ground is, therefore, allowed. 7. The ground no. 6 is against charging of interest u/s 234B. We find that this ground is covered by the judgment of the Hon'ble jurisdictional High Court in the case of DIT (International Taxation) v. NGC Network Asia LLC [2009] 313 ITR 187 (Bom.) holding that interest u/s 234B cannot be charged where tax is deductibl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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