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====================== deducting TDS on the payments made to FTCRs as per the provisions of Sec. 192 of the Act. The assessee pleaded before the lower authorities that Retainership Appointment letter dated 25.6.2005, shows the following facts:

(a) They shall act exclusively for Wockhardt as consultants and shall not render similar services directly or indirectly to any person, firm, company, institution and health care engaged in similar business and providing similar services in India without prior written permission of the company.
"25.06.2005 Dr. Shailender Singh H.No. 6-3-668/10/16 Durganagar Colony, Punjagutta Hyderabad Dear Dr. Shailender Singh, Further to our discussions, we take great pleasure in offering you as Consultant for the Cardiology services with Wockhardt Hospitals in Hyderabad on retainership basis.
The terms of retainership are as follows:
1. You shall act exclusively for Wockhardt Hospitals as Consultant in Cardiology and shall not render similar services directly or indirectly to M/s. Wockhardt Hospital Ltd.

9. Retainership terms for you are strictly confidential between Wockhardt Hospitals and you and you are requested not to let any breach of the same to occur.

10. You shall also not disclose, use, disseminate or publish any technical, clinical and commercial information with . which you become acquainted M/s. Wockhardt Hospital Ltd.

====================== or of which you become aware during the course of this retainership or use the same in any public forum including seminars/conferences without the prior written consent of Wockhardt Hospitals.

13. This arrangement shall not give rise to any relationship of employer and employee between Wockhardt Hospital and you and this engagement is solely on retainership basis for execution of specific responsibilities as stipulated herein and as mutually discussed and agreed from time to time.

14. Any notice required by this retainership arrangement to be given by, any party to another shall be in writing and served by registered post A/D to the last known address of the other party.