https://www.taxtmi.com/caselaws?id=440816 ITAT Delhi held that revision under section 263 could not be sustained where the underlying subscription receipts were, on the merits, business income not taxable in India because the assessee had no permanent establishment. The Tribunal noted that in the assessee's own subsequent years, identical receipts from access to an online database were already treated as business income and not fees for technical services under section 9(1)(vii) or fees for included services under Article 12(4) of the India-USA DTAA. Once the substantive taxability issue was resolved against revenue, the alleged lack of inquiry in the assessment did not support revision, and the section 263 order was vacated. en-us Mon, 24 Jul 2023 00:00:00 +0530 Tue, 25 Jul 2023 11:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=440816 ITAT Delhi held that revision under section 263 could not be sustained where the underlying subscription receipts were, on the merits, business income not taxable in India because the assessee had no permanent establishment. The Tribunal noted that in the assessee's own subsequent years, identical receipts from access to an online database were already treated as business income and not fees for technical services under section 9(1)(vii) or fees for included services under Article 12(4) of the India-USA DTAA. Once the substantive taxability issue was resolved against revenue, the alleged lack of inquiry in the assessment did not support revision, and the section 263 order was vacated. Case-Laws Income Tax Mon, 24 Jul 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=440816