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ITAT held that s.195 ordinarily applies where a resident pays a non-resident, but on facts the Tribunal followed its earlier decision in the assessee's own case (AY 2008-09) applying the DTAA Articles limiting tax on interest to 10% and treating the payment as chargeable; the AO disallowed interest under s.40(a)(i) for failure to deduct tax under s.195 and the CIT(A) confirmed that disallowance. Having no contrary binding view, the Tribunal dismissed the assessee's grounds, upheld the s.40(a)(i) disallowance and affirmed the liability of the assessee to deduct TDS on the interest payment.
ITAT held that s.195 ordinarily applies where a resident pays a non-resident, but on facts the Tribunal followed its earlier decision in the assessee's own case (AY 2008-09) applying the DTAA Articles limiting tax on interest to 10% and treating the payment as chargeable; the AO disallowed interest under s.40(a)(i) for failure to deduct tax under s.195 and the CIT(A) confirmed that disallowance. Having no contrary binding view, the Tribunal dismissed the assessee's grounds, upheld the s.40(a)(i) disallowance and affirmed the liability of the assessee to deduct TDS on the interest payment.
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