https://www.taxtmi.com/caselaws?id=457210 A dispute over whether distribution and advertising revenue constituted royalty under section 9(1)(vi) of the Income-tax Act and Article 12 of the India-USA tax treaty was not reopened because the parties had already resolved the treatment through a Mutual Agreement Procedure. The Court noted that 10% of the advertising and subscription revenue had been treated as taxable profit under that arrangement and that the Revenue had accepted the same position in earlier assessment years. Applying the principle of consistency, the Court declined to entertain the Revenue's contrary challenge for the years in question and disposed of the appeals, leaving the questions of law open for appropriate proceedings. en-us Thu, 28 Mar 2024 00:00:00 +0530 Wed, 11 Sep 2024 20:41:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457210 A dispute over whether distribution and advertising revenue constituted royalty under section 9(1)(vi) of the Income-tax Act and Article 12 of the India-USA tax treaty was not reopened because the parties had already resolved the treatment through a Mutual Agreement Procedure. The Court noted that 10% of the advertising and subscription revenue had been treated as taxable profit under that arrangement and that the Revenue had accepted the same position in earlier assessment years. Applying the principle of consistency, the Court declined to entertain the Revenue's contrary challenge for the years in question and disposed of the appeals, leaving the questions of law open for appropriate proceedings. Case-Laws Income Tax Thu, 28 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457210