https://www.taxtmi.com/caselaws?id=307099 The tribunal upheld the jurisdiction of the Assessing Officer under Section 147 of the Income Tax Act due to income escaping assessment. The payment received was classified as 'royalty' under the IT Act and India-Belgium DTAA, with the tribunal emphasizing the term 'process' in the DTAA. The retrospective amendments to Section 9(1)(vi) of the IT Act were deemed not applicable to the DTAA. The tribunal directed a reconsideration of evidence presentation and principles from a Supreme Court case, remanding the issue for further assessment, allowing the appeal for statistical purposes. en-us Tue, 26 Apr 2022 00:00:00 +0530 Fri, 17 Mar 2023 21:47:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=307099 The tribunal upheld the jurisdiction of the Assessing Officer under Section 147 of the Income Tax Act due to income escaping assessment. The payment received was classified as 'royalty' under the IT Act and India-Belgium DTAA, with the tribunal emphasizing the term 'process' in the DTAA. The retrospective amendments to Section 9(1)(vi) of the IT Act were deemed not applicable to the DTAA. The tribunal directed a reconsideration of evidence presentation and principles from a Supreme Court case, remanding the issue for further assessment, allowing the appeal for statistical purposes. Case-Laws Income Tax Tue, 26 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=307099