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2018 (12) TMI 1901 - AT - Income TaxIncome accrued in India - Centralized services fee received by the appellant for rendering various marketing, advertisement & other services to customers in India - whether taxable as “Fees for Technical Services” (FTS) in terms of Section 9 of the Income Tax Act, 1961 as well as Article 12 of the India US Double Taxation Avoidance Agreement (DTAA) - HELD THAT:- This Tribunal not only in the earlier years in the case of group concern, but also in assessee’s own case for the assessment year 2010-11 has decided this issue following the judgment of Hon’ble Delhi High Court in the case of DIT vs Sheraton International Inc. . Thus respectfully following, the judgment of the Tribunal which has been affirmed by the Hon’ble Delhi High Court also, holding that the, issue in question, is covered by the ruling of this court in the case of DIT vs. Sheraton International Inc [2009 (1) TMI 27 - DELHI HIGH COURT] Thus, respectfully following the binding judicial precedents in the earlier year, we hold that the payment received by the assessee from the aforesaid services is not taxable in India as FTS, either in terms of section 9 of the Income Tax Act, 1961 or under Article 12 of the India US DTAA. Accordingly, the appeal of the revenue is dismissed.
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