TMI Blog2023 (5) TMI 1249X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alf of the respondent/assessee, says that she does not oppose the prayer made in the applications. 4. Accordingly, the delay is condoned. 5. The applications are disposed of. ITA 254/2023 ITA 255/2023 ITA 256/2023 ITA 257/2023 6. The above-captioned appeals preferred by the appellant/revenue concern Assessment Year (AY) 2013-14 [ITA No.257/2023]; AY 2014-15 [ITA No.256/2023]; AY 2015-16 [ITA No.254/2023] and AY 2016-17 [ITA No.255/2023]. 6.1 These appeals assail a common order dated 29.01.2021 passed by the Income Tax Appellate Tribunal [in short, Tribunal ]. 7. Mr Ruchir Bhatia, learned senior standing counsel, who appears on behalf of the appellant/revenue, says that the following questions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in ITA No.473/2012, titled Director Of Income Tax vs New Skies Satellite Bv Ors. Accordingly, this question also does not arise for our consideration, as it also stands covered by the aforesaid decision of the court. 8.3 Insofar as proposed question (c) is concerned, Mr Bhatia says that although on account of the amendment introduced via Finance Act, 2021, (with effect from 01.04.2012), the decision of the Supreme Court rendered in Director Of Income Tax, New Delhi v. Mitsubishi Corporation, (2021) 130 Taxman.com 276 SC may not apply, but on facts, since the additions have not been sustained, the addition qua interest under Section 234B of the Act may not survive. 9. It cannot but be accepted by Mr Bhatia that the following observat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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