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    <title>2013 (9) TMI 412 - ITAT MUMBAI</title>
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    <description>Receipts from supply planning services, grading services and the DTC Accredited Business Programme required fresh examination because the lower authorities had relied on an earlier contract and had not properly considered the later agreement and the distinct service streams. The Tribunal also accepted the taxpayer&#039;s plea on the applicable rate, following its earlier view that where the same income is taxable under domestic law and the treaty, the beneficial domestic rate applies, subject to verification of the contractual conditions. Interest under section 234A was left to follow the recomputed tax liability, while interest under section 234B was held not chargeable to the extent the income was subject to tax deduction at source. The mere initiation of penalty proceedings under section 271(1)(c) was not interfered with.</description>
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      <title>2013 (9) TMI 412 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=236980</link>
      <description>Receipts from supply planning services, grading services and the DTC Accredited Business Programme required fresh examination because the lower authorities had relied on an earlier contract and had not properly considered the later agreement and the distinct service streams. The Tribunal also accepted the taxpayer&#039;s plea on the applicable rate, following its earlier view that where the same income is taxable under domestic law and the treaty, the beneficial domestic rate applies, subject to verification of the contractual conditions. Interest under section 234A was left to follow the recomputed tax liability, while interest under section 234B was held not chargeable to the extent the income was subject to tax deduction at source. The mere initiation of penalty proceedings under section 271(1)(c) was not interfered with.</description>
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