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Address: 4 Greenway Plaza, houston, Texas,.S.A. In case the revenue has issued certificate u/s 197 and the assessee company has acted on such certificate and has not deducted tax at source, then the revenue subsequently cannot declare the assessee as an assessee in default u/s 201 of the. Telephone: (713) 232-7500, fax: (713). In other words, payments which were never required to be done, but were done just to avoid a potential problem may not qualify. They exclude profit mark-up, income tax payments, capital expenditure, depreciation, entertainment expense, interest expense, goodwill and royalty payments". This liability may be discharged either partially or fully by the mechanism of TDS. "The term "fees for technical services" as used in this Article means payments of any kind to any person in consideration for services of a managerial, technical or consultancy nature (including the provision of such services through technical or other personnel) if such services. In the present case, the services rendered by llah were not in the nature of technical services.