2013 (7) TMI 389

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... orders in question is for the period 2004-05 and 2005-06 and is in respect of the same assessee. 3. These two appeals had been admitted to examine the substantial questions of law as indicated in the memorandum of appeals. 4. At the time of hearing of these appeals, Mr. Aravind, learned standing counsel for the Revenue, submitted that the substantial questions of law as has been indicated in the memorandum of appeal are so indicated by a mistake ; that these substantial questions really do not arise and on the other hand, the substantial questions, which arise in the order of the Tribunal if at all are as under :    "1. Whether the Tribunal was correct in holding that TDS has to be deducted at the rate prescribed under s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 201 of the Act, at the rate of 40 per cent. of the amount remitted to the non-resident with interest, etc. The assessee had contended that a non-resident being not assessable to any tax till now in India, the order is bad and even otherwise, contended that the rate of interest of 40 per cent. is not correct as the payment was in respect of technical services rendered by the non-resident assessee in favour of the assessee-company and by providing managerial services in India. 7. The Tribunal on noticing this position though the first appeals had been dismissed, allowed the appeals of the assessee in terms of the order referred to above to the extent of modifying the order and indicating that the rate for deduction is 20 per cent. and not....