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The Commr Of Income Tax vs M/S De Beers India Minerals Pvt Ltd on 15 March, 2012

6.2 The Appellant relies on the decision of the Kolkata Tribunal in the case of Onprocess referred above which is rendered in line with the decision of the jurisdictional High Court in the case of CIT vs. De Beers India Minerals Pvt. Ltd. [2012] 21 taxmann.com 214 (Kar) wherein the Hon'ble jurisdictional High Court has held that to "make available" technical knowledge, mere provision of service is not enough; the payer must be enabled to perform the service himself The Appellant submits the same is not the case in the instant case as the Appellant is unable to perform the actions of AMSI and further AMSI does not make available to the Appellant the methodology adopted in rendering its services.
Karnataka High Court Cites 1 - Cited by 152 - Full Document
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