2009 (10) TMI 933

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.... 2. In this case notice was served but none appeared on behalf of the assessee. Therefore, we proceed to decide the appeal on merits after hearing the learned Departmental Representative. 3. In regard to Ground No.1, the facts are that during the assessment proceedings, the Assessing Officer noted that assessee had offered a sum Rs. 34,23,536/- consisting of Rs. 30,18,355/- as 'Technical service Charges" and Rs. 4,05,181/- as 'Network Changes'. It was further noticed that assessee had also received the following amounts from HDFC Chubb General Insurance Company Limited (in short 'HDFC Chubb'): Sl. No. Amount (Rs.) Nature of receipts Reasons 1. 7,470,149 Procurement of software licenses Licenc....

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....o show that the invoice was raised in the name of HDFC Chubb was also filed. Copy of the assessee's bank account to show that assessee had made the payment of Singapore $ 291,765 to Apex Systems Pte Ltd., and this was confirmed by Apex Systems Pte. Ltd stating that they had received Singapore $ 291,765 from the assessee on behalf of HDFC Chubb. It was also submitted that TDS was duly deducted by HDFC Chubb from Apex Systems Pte. Ltd., and therefore Apex Systems Pte. Ltd., has already been taxed to the extent of TDS and the same payment could not be taxed once again. The learned CIT(A) found force in the submission of the assessee and deleted the addition. 6. Before us, the learned Departmental Representative vehemently submitted that....

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....C Chubb requested appellant to make payment on behalf of the HDFC Chubb. License from IRDA was granted to HDFC on 27.9.2002, subsequently, HDFC Chubb paid back the amount to the appellant. Therefore, as per the request of HDFC Chubb the appellant paid amount to Apex on 15.4.2002. this amount was paid by HDFC chubb to the appellant. However, for the purpose of disclosure of income and the deduction of tax, the payment was made by HDFC Chubb to Apex in December, 2002 and May 2002 as per the TDS Certificates dt. 31.3.2003. evidencing the deduction of tax at source @ 15% HDFC Chubb had reimbursed the appellant for the payment made by appellant to apex. The payment by appellant to Apex has been evidenced by the copy of the bank account of the ap....