https://www.taxtmi.com/caselaws?id=306379 The Tribunal upheld the order of the Dispute Resolution Panel, ruling in favor of the assessee. It concluded that the royalty received from Warner Bros Picture India Ltd. is not taxable in India under the Income Tax Act or the Indo-US DTAA, as it falls under the exclusion in Explanation 2(v) to section 9(1)(vi). Additionally, it was determined that the assessee did not have a Permanent Establishment in India, thus the business income could not be taxed. The Tribunal rejected the Revenue's arguments regarding the precedence of substantive provisions over deeming provisions, consistently dismissing their appeals. en-us Wed, 26 Jul 2017 00:00:00 +0530 Tue, 24 Jan 2023 21:23:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306379 The Tribunal upheld the order of the Dispute Resolution Panel, ruling in favor of the assessee. It concluded that the royalty received from Warner Bros Picture India Ltd. is not taxable in India under the Income Tax Act or the Indo-US DTAA, as it falls under the exclusion in Explanation 2(v) to section 9(1)(vi). Additionally, it was determined that the assessee did not have a Permanent Establishment in India, thus the business income could not be taxed. The Tribunal rejected the Revenue's arguments regarding the precedence of substantive provisions over deeming provisions, consistently dismissing their appeals. Case-Laws Income Tax Wed, 26 Jul 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306379