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2022 (9) TMI 82 - AT - Income TaxTDS u/s 195 - payments made by the assessee to NEBU of Netherland is in the nature of Royalty - HELD THAT:- Perusal of the records makes it very clear that the Ld. CIT(A) has considered the Hon’ble Madras High Court in the case of Verizon Communications Singapore Pte. Ltd. [2013 (11) TMI 1058 - MADRAS HIGH COURT] which is considered the amended provisions of Section 9(1)(vi) with Explanation 5, gives a very expansive meaning to the term ‘Royalty’ and this has a bearing on the issue’s so too the various clauses in the agreements which are to be looked at in a holistic manner. The findings of the lower authorities does not require any interference. In fact the assessee’s reliance in its Grounds of Appeal of Jurisdictional High Court judgment in the case of Nova Technocast Pvt. Ltd.[2018 (5) TMI 1182 - GUJARAT HIGH COURT] is a judgment considering Explanation 2 of Section 9(1)(iv) and is not applicable to the facts of the present case. There is no contra judgments placed before us, on the post introduction of Explanation 5 in section 9(1)(iv) of the Act, enlarging the scope of the definition of ‘Royalty’. In the absence of the same, therefore the grounds raised by the assessee are hereby rejected and the appeal filed by the assessee is dismissed.
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