Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Accrual of income in India - Addition on account of royalty - receipt from Indian customer for subscription to database, sale of e-journals and membership fees - India-US tax treaty - The tribunal sided with the appellant, referencing its own precedents which established that the subscription fees received for access to databases and journals did not constitute royalty. It was clarified that customers did not acquire any copyright but merely access to the copyrighted material, which does not qualify as royalty under the DTAA or the Income-tax Act.
Accrual of income in India - Addition on account of royalty - receipt from Indian customer for subscription to database, sale of e-journals and membership fees - India-US tax treaty - The tribunal sided with the appellant, referencing its own precedents which established that the subscription fees received for access to databases and journals did not constitute royalty. It was clarified that customers did not acquire any copyright but merely access to the copyrighted material, which does not qualify as royalty under the DTAA or the Income-tax Act.
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