9911796707
TMI Blog2021 (12) TMI 1359X X X X Extracts X X X X X X X X Extracts X X X X ..... der passed by the Learned Deputy Commissioner of Income-tax, Circle 3(i)(i), Intl. Taxation, New Delhi ("Ld. AO") pursuant to the directions issued by the Learned Dispute Resolution Panel-II ('Ld. DRP') under Section 143(3) read with section 1440(13) of the Income-tax Act, 1961 ('the Act') is wrong and bad in law. 2. That on the facts and in circumstances of the case and in law, the Ld. AO as well as the Ld. DRP grossly erred in treating the amount derived by the Appellant on account of distribution revenue from Turner International India Private Limited ('TIIPL') as royalty under Section 9(i)(vi) of the Act and also as per the provisions of India-USA Double Taxation Avoidance Agreement ('DTAA'). 3.That on the facts and circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d No. 2 to 5 are interlinked and taken up together. At the very outset the counsel for the assessee stated that while disposing of the objections raised by the assessee, the DRP dismissed the objections by observing "the subject matter of objection have been considered and decided by the DRP in its directions for A.Y.2010-11, 2012-13 and 2013-14 wherein the draft assessment orders of the Assessing Officer have been upheld. In the DRP directions dated 03.03.2017 for A.Y.2013-14 the DRP has upheld the AO's draft order". 5. The Counsel drew our attention to the decision of this Tribunal dated 30.09.2020 in ITA No.1343Del/2014, 631/Del/2015, 4087/Del/2016, 2610/Del/2017 for A.Y. 2009- 10, 2010-11, 2012-13 and 2013-14 and pointed out that the q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r on which taxes were withheld at source. When the assessee claimed the credit of TDS the same was denied by the AO and the DRP by holding that since the assessee has not offered the revenue as its income during the year in its return of income the credit for TDS cannot be given. 15. The assessee raised objections before the DRP and the DRP while dismissing the objections raised by the assessee observed as under :- 16. Before us the counsel vehemently stated that since the taxes have been withheld by the payers and even if the corresponding income has not been shown as taxable in India, the credit of the TDS cannot be denied by the AO and the DRP and the same should be allowed to the assessee. 17. When the bench asked the counsel the fat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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