https://www.taxtmi.com/caselaws?id=306382 Receipts from granting distribution rights in cinematographic films were treated as neither royalty nor business income under the Income-tax Act, 1961 and the India-USA DTAA. The Tribunal followed the assessee's own earlier years' orders and noted that the statutory royalty definition excluded payments relating to sale, distribution, or exhibition of cinematographic films, while the treaty position also did not classify such receipts as royalty. It further found that the assessee had no permanent establishment in India, so amounts attributable to activities outside India could not be taxed as business income merely on the basis of business connection. The addition was deleted. en-us Thu, 28 Jul 2022 00:00:00 +0530 Tue, 24 Jan 2023 21:23:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306382 Receipts from granting distribution rights in cinematographic films were treated as neither royalty nor business income under the Income-tax Act, 1961 and the India-USA DTAA. The Tribunal followed the assessee's own earlier years' orders and noted that the statutory royalty definition excluded payments relating to sale, distribution, or exhibition of cinematographic films, while the treaty position also did not classify such receipts as royalty. It further found that the assessee had no permanent establishment in India, so amounts attributable to activities outside India could not be taxed as business income merely on the basis of business connection. The addition was deleted. Case-Laws Income Tax Thu, 28 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306382