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2019 (5) TMI 1974 - AT - Income TaxIncome deemed to accrue or arise in India - Permanent Establishment in India - advertisement revenue -income attributable to assessee in India - income the assessee reported international transaction with its associated enterprises (AE) i.e. Taj Television and Zee Entertainment Ltd. for advertising sales agency services, share of distribution services, recovery of expenses on sale of broadcasting rights, reimbursement of expenses and recovery of expenses - HELD THAT:- We respectfully following the decision of co-ordinate bench [2016 (12) TMI 1291 - ITAT MUMBAI] held that the Taj India does not constitute agency PE in terms of India-Mauritius DTAA. Therefore, no income/profit can be said to be attributable to the assessee in India from its PE, as Taj India is remunerated at Arm’s Length Price (ALP). Hence, we direct the Assessing Officer to delete the addition towards computation of income attributable to assessee in India. TDS u/s 195 - distribution of revenue - programming cost paid to various non residents and also payments made to M/s PanAM Sat International System Inc. towards transponder charges for failure to deduct tax at source - HELD THAT:- As relying on assessee’s own case for A.Y. 2006-07 [2016 (12) TMI 1291 - ITAT MUMBAI] we direct the Assessing Officer to delete the addition made for disallowance of programming cost, transponder charges and up-linking charges under section 40(a)(i). Decided in favour of assessee.
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