https://www.taxtmi.com/highlights?id=81322 Income from equipment rental sourced in India u/s 5(2) read with Section 9 of the Income Tax Act and Article 12 of India-Malaysia DTAA. DRP erred in ignoring exceptions under clause (iva) to explanation 2 to Section 9(1)(vi) while concluding receipts as royalty u/s 9(1)(vi) read with Section 115A. DRP also erred in holding Section 44BB applicable only if non-resident has PE in India, contrary to the provision's essence. Receipts offered to tax u/s 44BB upheld as per statutory provision. AO directed to compute income u/s 44BB for the assessment years. Assessee's appeal allowed. en-us Sat, 14 Sep 2024 08:24:38 +0530 Sat, 14 Sep 2024 08:24:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=81322 Income from equipment rental sourced in India u/s 5(2) read with Section 9 of the Income Tax Act and Article 12 of India-Malaysia DTAA. DRP erred in ignoring exceptions under clause (iva) to explanation 2 to Section 9(1)(vi) while concluding receipts as royalty u/s 9(1)(vi) read with Section 115A. DRP also erred in holding Section 44BB applicable only if non-resident has PE in India, contrary to the provision's essence. Receipts offered to tax u/s 44BB upheld as per statutory provision. AO directed to compute income u/s 44BB for the assessment years. Assessee's appeal allowed. Highlights Income Tax Sat, 14 Sep 2024 08:24:38 +0530 https://www.taxtmi.com/highlights?id=81322