https://www.taxtmi.com/caselaws?id=458616 ITAT PUNE ruled in favor of the assessee on two key issues. Regarding software maintenance charges, the Tribunal held that payments to foreign entity for software use did not constitute royalty under DTAA provisions, making TDS deduction unnecessary and disallowance under section 40(a)(i) invalid. For leased line/data link charges, following SC precedent in Kotak Securities case, the Tribunal determined these charges were not technical services under section 9(1)(vii), thus not requiring TDS deduction. Both disallowances were deleted, with the revenue's appeal dismissed. en-us Thu, 22 Aug 2024 00:00:00 +0530 Fri, 08 Nov 2024 19:56:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458616 ITAT PUNE ruled in favor of the assessee on two key issues. Regarding software maintenance charges, the Tribunal held that payments to foreign entity for software use did not constitute royalty under DTAA provisions, making TDS deduction unnecessary and disallowance under section 40(a)(i) invalid. For leased line/data link charges, following SC precedent in Kotak Securities case, the Tribunal determined these charges were not technical services under section 9(1)(vii), thus not requiring TDS deduction. Both disallowances were deleted, with the revenue's appeal dismissed. Case-Laws Income Tax Thu, 22 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458616