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2024 (3) TMI 1061 - AT - Income TaxTDS u/s 195 - payment received for interconnect usage charges - transaction with non-treaty country - whether it is liable to be taxed as “royalty” u/s 9(1)(vi) of the Act? - AO/DRP had brought the amount to tax in the hands of the assessee company solely relying on the orders passed u/s 201 and 201A - HELD THAT:- The order of the co-ordinate Bench of the Tribunal in the case of PCCW Global Ltd [2023 (11) TMI 1239 - ITAT BANGALORE] is directly applicable to the facts of the assessee since the said case also relates to Hong Kong – non-treaty country. In light of the aforesaid judicial pronouncements, we hold that the amount received by assessee company from the Indian telecom operator for interconnect usage is not chargeable to tax as “royalty”. Assessee ground of appeal allowed.
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