9911796707
TMI Blog2024 (3) TMI 1349X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant assessee - taxed as royalty, as per section 9(1)(vi) and Article 12 of the DTAA between India and the USA OR a business income - HELD THAT:- The fact of the Mutual Agreement Procedure having been adhered to by respective parties and consequent to the adjudication completed therein, the assessee having agreed to pay 10% of advertising and subscription revenue is not disputed. As would be man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee cannot be taxed as royalty, as per section 9(1)(vi) of the Act and Article 12 of the DTAA between India and the USA but as a business income? 2.2 Whether on the facts and in the circumstances of the case, the ld. ITAT is correct in determining the income of the assessee company in the current assessment year by following the Income determined in resolution made under Mutual Agreement Proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alysis Centre of Excellence Pvt. Ltd. v. CIT (2021) 432 ITR 471 (SC). 4. Mr Chopra has also emphasized the fact, that after the Mutual Agreement Procedure (MAP) was entered into between the Governments of India and United States via their respective the competent authorities in April-June 2007, 10% of advertising and subscription revenue received during relevant previous years was taken to be net ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant/revenue has also lodged an appeal concerning AY 2014-2015, which is yet to be listed. 9. We may note that the appellant/revenue has not filed its written submissions in the above-captioned matters. 9.1 Mr Chandra will file the written submissions, not exceeding three pages, within the next two weeks. 9.2 Mr Chandra will also ensure that the appeal for AY 2014-2015 is listed by the next date of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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