Integra Software Services Pvt. Ltd. v. DCIT (2019) 76 ITR 491 / (2020) 181 ITD 512/ 194 DTR 25/ 207 TTJ 326(Chennai)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Copy editing, indexing and proof reading requiring only knowledge of language and not expertise in subject matter of text-Services rendered by Non-residents not Technical Services-Not liable to deduct tax at source-No disallowances can be made. [S. 195(6)]

Tribunal held that language translation was not a technical service. Even income from legal services rendered from abroad was not taxable in India without a permanent establishment in India. The copy editing, indexing and proof reading required only knowledge of the language and did not require necessary expertise in the subject matter of text. Thus, the services rendered by the non-residents were not technical services and the payment received by the non-residents from the assessee was not taxable in India. S.195(6) which requires the assessee to furnish information, did not require the assessee to deduct tax at the time of payment. Therefore, the question of disallowance under S. 40(a)(ia) did not arise for consideration. (AY. 2011-12).