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2023 (5) TMI 1249 - HC - Income TaxTP adjustment - adopting a percentage figure pegged at 15% for determination of profit attributable to the PE of the appellant/assessee in India - HELD THAT:- This issue covered by the decision of the Supreme Court rendered in a bunch of appeals, titled Director of Income Tax, New Delhi v. Travelport Inc. [2023 (5) TMI 227 - SUPREME COURT] Accordingly, the said question does not arise for our consideration, as it stands covered by the aforementioned decision of the Supreme Court. Characterization of receipt - booking fee received by the appellant/assessee as taxable as business income, or royalty - HELD THAT:- The said question raised by the appellant/revenue is covered by a decision rendered in New Skies Satellite Bv & Ors. [2016 (2) TMI 415 - DELHI HIGH COURT] Accordingly, this question also does not arise for our consideration, as it also stands covered by the aforesaid decision of the court. Whether payments, which are subject to withholding tax u/s 195 are not liable for interest under Section 234B of the Act? - Provisions contained below section 209(1)(d) of the Act introduced by Finance Act, 2012 w.e.f 01.04.2012 would apply only in a situation where persons responsible for tax has paid or credited such income without deduction of tax. In the instant case, since the income has been received by the taxpayer after deduction of tax at source, the proviso is not applicable as has been held by the coordinate Bench of the Tribunal in BG International Ltd. [2021 (2) TMI 265 - ITAT DELHI], Even otherwise, when no addition sustains section 234B would not apply. None of the questions of law, as proposed, arise for our consideration.
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