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    <title>2023 (8) TMI 146 - ITAT DELHI</title>
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    <description>The appeal was allowed, and the addition of Rs. 1,43,59,792/- as royalty income was deleted. The Tribunal held that since no actual income was received by the assessee from leasing the helicopter, the conditions for taxing royalty income were not met under the India-UAE Double Taxation Avoidance Agreement. The Tribunal directed the Assessing Officer to remove the addition sustained by the Commissioner (Appeals), emphasizing the necessity of actual receipt of royalty income for taxability purposes.</description>
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      <link>https://www.taxtmi.com/caselaws?id=441167</link>
      <description>The appeal was allowed, and the addition of Rs. 1,43,59,792/- as royalty income was deleted. The Tribunal held that since no actual income was received by the assessee from leasing the helicopter, the conditions for taxing royalty income were not met under the India-UAE Double Taxation Avoidance Agreement. The Tribunal directed the Assessing Officer to remove the addition sustained by the Commissioner (Appeals), emphasizing the necessity of actual receipt of royalty income for taxability purposes.</description>
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