9911796707
TMI Blog2016 (8) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 respective decisions. Therefore, in the interest of justice, we hereby remit the matter back to the file of the learned Assessing Officer for de novo consideration with a direction to pass appropriate order as per law and merit keeping in view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... als) has erred in sustaining the disallowance made by the learned Assessing Officer 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 of the Act consequently attracting the provisions of section 40(a)(i) read with section 195 of the Act. 3. Brief f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax (Appeals) confirmed the order of the learned Assessing Officer by observing as under: 4.2 I have considered the assessee's submissions carefully. The above database contains data of profiles of certain people, markets, etc. This is not a generalised data which is readily available in the market for sale. The database supplied to a client is always tailor made to suit the requirements o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the Assessing Officer is as per the law and confirmed. 5. At the outset, we find that the Double Taxation Agreement between India and Australia is not considered by the Revenue while arriving at their respective decisions. Therefore, in the interest of justice, we hereby remit the matter back to the file of the learned Assessing Officer for de novo consideration with a direction to pas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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