Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (5) TMI 633 - AT - Income TaxIncome accrued in India -Treating subscription fee received from the clients in India as Royalty/FTS within the meaning of section 9(1)(vi) and 9(1)(vii) r.w. Article -12 of India Germany Tax Treaty - HELD THAT:- The Tribunal following its’ own order in [2019 (5) TMI 405 - ITAT MUMBAI]held that the subscription fee is neither Royalty nor FTS, hence, the provisions of section 9(1)(vi) or 9(1)(vii) are not attracted. The transaction is not even covered by Article- 12 of India Germany DTAA. The facts and nature of transactions in impugned assessment year are pari materia, hence, respectfully following the decision of Coordinate Bench, we allow ground of the appeal for parity of reasons. Taxability in India - Subscription fee received by the assessee is not in the nature of Royalty/FTS, the same is not taxable in India
|