2008 (8) TMI 96 - BOMBAY HIGH COURT

Appellant, resident of Singapore - Appellant through its dependent agent in India is carrying on marketing activities - in view of treaty & Circular No.23 of 1969, in so far as marketing services are concerned by the arm’s length principle what has been paid is more than 10%, advertisement revenue received by the appellant are not taxable in India - Merely because tax on income was paid for some assessment years would not estop the assessee from contending that its income is not liable to tax