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    <title>2010 (9) TMI 749 - ITAT, MUMBAI</title>
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    <description>Compensation under an arbitration award arising from a trading contract with a non-resident foreign buyer was not taxable in India where the buyer had no permanent establishment in India; accordingly, no tax was required to be deducted at source and the disallowance under section 40(a) was deleted. The interest component was treated as part of the award amount and not as a separate taxable liability for disallowance purposes. An ad hoc telephone disallowance was also held unsustainable because no specific non-business use was shown. The substantive additions were therefore deleted, granting partial relief to the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=206229</link>
      <description>Compensation under an arbitration award arising from a trading contract with a non-resident foreign buyer was not taxable in India where the buyer had no permanent establishment in India; accordingly, no tax was required to be deducted at source and the disallowance under section 40(a) was deleted. The interest component was treated as part of the award amount and not as a separate taxable liability for disallowance purposes. An ad hoc telephone disallowance was also held unsustainable because no specific non-business use was shown. The substantive additions were therefore deleted, granting partial relief to the assessee.</description>
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