COURT: | Supreme Court |
CORAM: | Dipak Misra J, Sudhanshu Jyoti Mukhopadhaya |
SECTION(S): | 9(1)(i), 9(1)(vii) |
GENRE: | International Tax |
CATCH WORDS: | Fees for technical services |
COUNSEL: | U. A. Rana |
DATE: | February 18, 2015 (Date of pronouncement) |
DATE: | February 19, 2015 (Date of publication) |
AY: | - |
FILE: | Click here to view full post with file download link |
CITATION: | |
S. 9(1)(i) & (vii): Concept of “source rule” vs. "residence rule" explained. Definition of expression "fees for technical services" in s. 9(1)(vii) explained with reference to "consultancy" services |
The nature of service referred by the NRC, can be said with certainty would come within the ambit and sweep of the term ‘consultancy service’ and, therefore, it has been rightly held that the tax at source should have been deducted as the amount paid as fee could be taxable under the head ‘fee for technical service’. Once the tax is payable paid the grant of ‘No Objection Certificate’ was not legally permissible
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