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    <title>2018 (5) TMI 2070 - ITAT MUMBAI</title>
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    <description>The Tribunal dismissed the Revenue&#039;s appeal and partly allowed the assessee&#039;s appeal. It upheld that standby maintenance charges were not taxable as &#039;Fee for Technical Services&#039; under section 9(1)(vii) and should be treated as business income. The Tribunal agreed with the assessee&#039;s method of attributing income to India based on cable length proportion in Indian waters. Additionally, it ruled that interest under section 234B should not be charged, as the receipts were subjected to withholding tax. The decision for Assessment Year 2010-11 was applied mutatis mutandis to the cross-appeals for Assessment Year 2011-12.</description>
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      <title>2018 (5) TMI 2070 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=295999</link>
      <description>The Tribunal dismissed the Revenue&#039;s appeal and partly allowed the assessee&#039;s appeal. It upheld that standby maintenance charges were not taxable as &#039;Fee for Technical Services&#039; under section 9(1)(vii) and should be treated as business income. The Tribunal agreed with the assessee&#039;s method of attributing income to India based on cable length proportion in Indian waters. Additionally, it ruled that interest under section 234B should not be charged, as the receipts were subjected to withholding tax. The decision for Assessment Year 2010-11 was applied mutatis mutandis to the cross-appeals for Assessment Year 2011-12.</description>
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      <pubDate>Fri, 04 May 2018 00:00:00 +0530</pubDate>
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