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Income from equipment rental sourced in India u/s 5(2) read with Section 9 of the Income Tax Act and Article 12 of India-Malaysia DTAA. DRP erred in ignoring exceptions under clause (iva) to explanation 2 to Section 9(1)(vi) while concluding receipts as royalty u/s 9(1)(vi) read with Section 115A. DRP also erred in holding Section 44BB applicable only if non-resident has PE in India, contrary to the provision's essence. Receipts offered to tax u/s 44BB upheld as per statutory provision. AO directed to compute income u/s 44BB for the assessment years. Assessee's appeal allowed.
Income from equipment rental sourced in India u/s 5(2) read with Section 9 of the Income Tax Act and Article 12 of India-Malaysia DTAA. DRP erred in ignoring exceptions under clause (iva) to explanation 2 to Section 9(1)(vi) while concluding receipts as royalty u/s 9(1)(vi) read with Section 115A. DRP also erred in holding Section 44BB applicable only if non-resident has PE in India, contrary to the provision's essence. Receipts offered to tax u/s 44BB upheld as per statutory provision. AO directed to compute income u/s 44BB for the assessment years. Assessee's appeal allowed.
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