Rights fees Payment to ICC is not Royalty or Fees for technical services

ITAT held that that the payment made by the assessee to ICC amounting to Rs. 4.56 crore as `Rights fee’ is not in the nature of `Royalty’ or `Fees for technical services’ covered u/s 9(1)(vi) or 9(1(vii) of the Act and as such the assessee was not obliged to deduct tax at source on this payment. Ex consequenti, the provisions of section 40(a)(i) are not attracted. Assessee specifically argued before the AO that there was no `Business connection’ of ICC in India. Such argument has been reproduced by the AO himself on page 25 of his order. Despite that, the AO chose to treat in the hands...