https://www.taxtmi.com/caselaws?id=433659 The HC ruled in favor of the assessee, dismissing the Revenue's appeals. It determined that payments made to IBM Philippines were business profits, not technical services, and since IBM Philippines lacked a permanent establishment in India, the income was not taxable there. The DTAA provisions were upheld, and the court found no grounds for levying interest under Section 201(1) of the Income Tax Act, as the payments were not subject to TDS under Section 195, thus not making the assessee an 'assessee in default.' en-us Mon, 16 Jan 2023 00:00:00 +0530 Thu, 30 Apr 2026 11:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=433659 The HC ruled in favor of the assessee, dismissing the Revenue's appeals. It determined that payments made to IBM Philippines were business profits, not technical services, and since IBM Philippines lacked a permanent establishment in India, the income was not taxable there. The DTAA provisions were upheld, and the court found no grounds for levying interest under Section 201(1) of the Income Tax Act, as the payments were not subject to TDS under Section 195, thus not making the assessee an 'assessee in default.' Case-Laws Income Tax Mon, 16 Jan 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=433659