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2. Texmo Precision Castings UK Limited is a company registered and incorporated in UK. TPC (UK) is engaged in the business of providing Market and support Services in UK to the Indian firm Texmo Precision Castings, India. The assessee Company levies professional charges for the services rendered to the Indian firm. During the P.Y relevant to the A.Y 2015-

4. Petitioner is a UK-based company engaged in services. The petitioner has entered into a Marketing Service Agreement dated 1.4.2009 with a Indian partnership firm called Texmo Precision Castings (TPC), from India. The petitioner received commission from the said partnership firm during 2014-15 for a sum of Rs.4,19,86,627/. While making payments to the petitioner, the said partnership firm deducted an amount of Rs.70,52,015/- towards tax and remitted the amount to the income tax department in Form 26 A S.

11. In the said notice, it was stated that the 2nd respondent failed to note https://www.mhc.tn.gov.in/judis that the petitioner is having a permanent establishment in India and therefore would have been taxed under Section 115JB of the Income Tax Act, 1961.

12. The learned counsel for the petitioner submitted that the petitioner is a marketing company from UK and caters to the need of the manufacturing partnership firm viz., Texmo Precision Casting, which is engaged in manufacture of casting mould for medical equipments and aerospace equipments. It is submitted that the petitioner and the manufacturing firm in India have entered into marketing service agreement dated 01.04.2009 whereby the petitioner is required to provide marketing service to Texmo Precision Casting company.

15. That apart, the learned counsel for the petitioner submitted that the original draft assessment order dated 29.12.2017 preceded the show cause notice dated 22.12.2017, wherein the petitioner was merely asked to explain why the services provided by the petitioner to Texmo Precision Casting (India) [Manufacturing Partnership firm] should not be treated as consultancy services and taxed under Section 9(1)(VII) of the Income Tax Act, 1961.