Income deemed to accrue or arise in India - revenue ...

Tribunal Rules Interconnect Utility Charges Not Royalty, Taxable as Business Profits in Resident Country Due to No DTAA.

May 20, 2024

Case Laws     Income Tax     AT

Income deemed to accrue or arise in India - revenue characterization - Taxability of IUC [Interconnect utility charges] as Royalty u/s 9(1)(vi) - DTAA between India and Hongkong - The Tribunal noted that there is no treaty between India and Hong Kong, the country of which the assessee is a tax resident. The Tribunal held that the payments received by the assessee cannot be held to be royalty under section 9(1)(vi) of the Act. The revenue did not establish a permanent establishment of the assessee in India to tax the receipt in India. The payments received by the assessee are considered business profits taxable in the recipient country.

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