2022 (7) TMI 1558 - AT - Income Tax

Income deemed to accrue or arise in India - Royalty receipt - Payment received on account of Information Communication Technology (ICT) service charges to be taxed as Fees for Technical Services under Article 12 of the India-Netherlands DTAA - HELD THAT - During the hearing of the stay petition, it was accepted and it was consented by both the parties that the issues involved in the present appeal are squarely covered by the order of the Tribunal in Assessee s own case for Assessment Year 2017-18 2022 (2) TMI 1292 - ITAT DELHI allowing the appeal of the Assessee. Since, the matter is squarely covered by the ratio laid down in the order of the Tribunal in assessee s own case, the same ratio is being followed for the years before us. Appeals of the Assessee are allowed.

Summary

The Assessee filed appeals against the order of the ld AO, ACIT, DCIT/ACIT, Int-Tax, Gurgaon for Assessment Year 2018-19 and 2019-20. The issues were found to be covered by a previous Tribunal order in the Assessee's favor. The appeals of the Assessee were allowed, and stay applications were dismissed. Order pronounced on 27/07/2022.