https://www.taxtmi.com/caselaws?id=765213 The ITAT Chennai ruled in favor of the assessee regarding TDS u/s 195 on foreign payments. The AO had treated all payments to foreign associates as fees for technical services without examining relevant DTAA provisions. The tribunal found that the AO failed to consider whether payments qualified as professional services or business profits under respective DTAAs, which could be non-taxable in India. Following precedent from Sri Subhatosh Majumder case, the tribunal directed the AO to re-examine the assessee's claim with adequate hearing opportunity and documentary evidence. The appeal was allowed for statistical purposes. en-us Tue, 31 Dec 2024 00:00:00 +0530 Tue, 28 Jan 2025 08:24:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=765213 The ITAT Chennai ruled in favor of the assessee regarding TDS u/s 195 on foreign payments. The AO had treated all payments to foreign associates as fees for technical services without examining relevant DTAA provisions. The tribunal found that the AO failed to consider whether payments qualified as professional services or business profits under respective DTAAs, which could be non-taxable in India. Following precedent from Sri Subhatosh Majumder case, the tribunal directed the AO to re-examine the assessee's claim with adequate hearing opportunity and documentary evidence. The appeal was allowed for statistical purposes. Case-Laws Income Tax Tue, 31 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=765213