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2016 (3) TMI 1473 - ITAT MUMBAITaxability of income in India - receipts taxable as royalty within the meaning of section 9(1) (vi)of the Act as well as Article-12 of the Indo-US DTAA - amount received from the Indian entities - HELD THAT:- As decided by ITAT A.Y.s 2004- 05 to 2006-07 [2014 (11) TMI 432 - ITAT MUMBAI] expressions “Royalty” and “Fees for included services” have been given distinct meaning in the Indo US treaty. We have already noticed that the tax authorities were not able to come to a conclusion as to whether the consideration received by the assessee company would fall within the meaning of “Royalty” or “Fees for included services”, even though there are plethora of case laws explaining both the terms. Hence, we are of the view that the tax authorities have not examined the impugned issue in proper perspective, i.e., the matter has not been examined in the context of Indo-US treaty by considering the meaning of various terms used therein. As stated earlier, the meaning to be ascribed to various terms used in the treaty has been the bone of contention in various case laws and we notice that the tax authorities have not considered the applicable case laws. Impugned matter requires fresh examination at the end of the assessing officer. We, restore the matter to the file of the AO for fresh adjudication. - Ground Nos. 1 to 3 are allowed in favour of the assessee in part.
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