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2015 (8) TMI 457 - AAR - Income TaxTaxability of the income generated by fees for technical services (FTS) - applicant relies on DTAA between India and Belgium and also the DTAA between India and Portugal and, since the Portugal Treaty goes beyond the Treaty in between India and Belgium as per the protocol the applicant will be entitled to take the benefit of Portugal Treaty also - Held that:- We examined the application threadbare. The three questions which have been asked do not pertain to income on royalty or the income generated on account of the earned interest. There is no statement found in the whole application that the applicant does not have an income from royalty or from interest. In that view, Shri Piyush Kaushik made a categorical statement before us that he is not inviting any question on the income received by the applicant on royalty and interest income. On the other hand, he has made a categorical statement in writing that the applicant was convinced about the taxability of the royalty and interest income. In our opinion, therefore, this cannot be seen as a device to avoid the tax. In that view we would prefer to admit the application. We make it clear that the Department will be free to take such action as is permissible by law in respect of income on royalty and interest income aspect.
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