The assessee was an insurance company and paid re-insurance premium to non-resident re-insurance company. AO disallowed claim on ground that TDS was not deducted before making such payment. On appeal, CIT(A) confirmed decision. Tribunal unless a branch was established in India, non-resident insurance company could not did any business after 2014. Thus, profit of non-resident re-insurance company was taxable in India and hence, assessee was liable to deduct tax at source. (AY. 2003 -04 to 2007 -08)