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    <title>2012 (2) TMI 654 - ITAT COCHIN</title>
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    <description>The Tribunal allowed the appeal of the assessee concerning the assessment of agency commission paid to M/s Mozambique Holdings Ltd. The disallowance of Rs. 4,26,26,195 was deleted as the commission payment was for marketing support, not consultancy services, and the foreign company had no permanent establishment in India. Therefore, tax deduction at the time of payment was not required. In the second issue, the Tribunal remitted the matter back to the assessing officer to reexamine the disallowance of Rs. 1,63,066 on the ground of diverting interest-bearing funds for non-business purposes in light of the Supreme Court&#039;s judgment.</description>
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    <pubDate>Wed, 29 Feb 2012 00:00:00 +0530</pubDate>
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      <title>2012 (2) TMI 654 - ITAT COCHIN</title>
      <link>https://www.taxtmi.com/caselaws?id=274016</link>
      <description>The Tribunal allowed the appeal of the assessee concerning the assessment of agency commission paid to M/s Mozambique Holdings Ltd. The disallowance of Rs. 4,26,26,195 was deleted as the commission payment was for marketing support, not consultancy services, and the foreign company had no permanent establishment in India. Therefore, tax deduction at the time of payment was not required. In the second issue, the Tribunal remitted the matter back to the assessing officer to reexamine the disallowance of Rs. 1,63,066 on the ground of diverting interest-bearing funds for non-business purposes in light of the Supreme Court&#039;s judgment.</description>
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