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2021 (7) TMI 1399 - AT - Income TaxTreatment of advertisement revenue as Business income taxable in India - AR emphasized that the alleged permanent establishment (PE) by the income tax department has been remunerated on an ALP basis and is evident from the transfer pricing order of the assessee wherein all its international transactions have been accepted at ALP with no TP adjustments - HELD THAT:- We find the Hon’ble ITAT in Assesses own case for the A.Ys 2000-01 to 2004-05 [2021 (1) TMI 125 - ITAT MUMBAI] has dealt on this disputed issue and decided in favour of the assessee We find in the present case the facts are similar and the assessee has paid Arms Length Commission to its Agent and TPO has accepted the payments and no transfer pricing adjustment was made considering it as fair and reasonable. We respectfully fallow the judicial precedence and the ratio of the decision on the advertisement revenue treatment and direct the assesseing officer to delete the addition and allow the grounds of appeal in favour of the assessee. Income accrued in India - distribution revenues earned by the assessee falls within the meaning of Royalty under Article 12 of India - USA DTAA is taxable in India - HELD THAT:- The distribution rights granted by the assessee is only a Broad Casting right and cannot be brought under the purview of Copy right. We fallow the judicial precedence [2021 (1) TMI 125 - ITAT MUMBAI] and direct the assesseing officer to delete the addition as per the ratio of the decision discussed in the above paragraphs and allow the grounds of appeal in favour of the assessee. Short of TDS credit - HELD THAT:- We are of the opinion that the assessee should not be deprived of its legitimate right for TDS credits and direct the A.O. to verify the claim and grant the TDS credit. We find the assessee has claimed additional TDS credit (only in the A.Y.2010-11) in the DRP proceedings and the directions were issued to the Assessing officer (A.O).The asseesse has submitted the supporting claim of evidences before the A.O. Accordingly, the assessing officer is directed to verify and examine the documents filed in support of TDS claim.
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