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2017 (6) TMI 1336 - AT - Income TaxTaxability of interest received u/s 244A - HELD THAT:- So far as taxability of interest Under Section 244 is concerned, under Article 11(4) of India Singapore Treaty, the same is now covered by the decision of the Hon'ble Special Bench in the case of ACIT vs Clough Engineering Ltd [2011 (5) TMI 562 - ITAT, DELHI] -Accordingly, we hold that so far as the issue of taxability of interest u/s 244A in the hands of the assessee, we decide the same in favour of the assessee. Not granting Credit for TDS, Advance Tax and Self-Assessment Tax - HELD THAT:- We direct the Assessing Officer to grant credit for TDS, Advance Tax and Self-Assessment Tax after due verification. Income accrued in India - whether the Ld. DRP was correct in holding that the entire liability was extinguished if the payment in question was made at Arm’s Length? - HELD THAT:- This issue has been decided in favor of the assessee in the case of M/s. Set Satellite (Singapore) Pte. Ltd v. Dy.DIT (International Taxation) [2008 (8) TMI 96 - BOMBAY HIGH COURT] wherein it was held that advertisement revenue received by resident of Singapore is not taxable in India. It was held that sales were made on principle to principle basis. Distribution revenue earned - HELD THAT:- As decided in own case [2015 (9) TMI 793 - ITAT MUMBAI] so far as the issue relating to addition on account of ‘advertisement revenue’ and ‘distribution revenue’ the same stands decided in favor of the assessee by the Tribunal, which has been affirmed by the Hon’ble High Court in Assessment Year 1999-2000 and also in subsequent years. As regards the issue of ‘distribution receipts’ treated as ‘royalty income’, we find that this has been treated as business income and such a finding or conclusion now have attained finality, as pointed out by the Ld. Senior Counsel. Thus, finding of the CIT(A) on both the issues are affirmed and ground no. 1 & 2 are dismissed
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