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2017 (4) TMI 1461 - AT - Income TaxErroneous treatment of Business Income as Royalty Income - DRP confirming entire payments received by the Appellant from customers in India during the captioned year are taxable as "royalty" under Section 9(1)( vi) and under Article 12 of India - Ireland DTAA - HELD THAT:- The issue has been decided by this tribunal in assessee‟s own case against the assessee [2014 (1) TMI 1281 - ITAT MUMBAI] as held a customer of the present assessee made payment without deduction of tax at source u/s 195 of the Act - the payments made for online use of database was for licence to use said database and hence the consideration was royalty, liable for deduction of tax at source u/s 195 of the Act - Decided against Assessee. Levy of interest u/s. 234B - HELD THAT:- AO erred in charging the interest u/s. 234B as assessee being a non-resident, the Indian payers were obliged to withhold Tax at Source u/s. 195 of the Act and therefore the question of payment of advance tax and corresponding levy of interest u/s. 234B of the Act does not arise. - Decided in favour of Assessee.
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