https://www.taxtmi.com/caselaws?id=759278 Aircraft leasing receipts were held not taxable as royalty under Article 12 of the applicable treaty because that provision expressly excludes aircraft from the equipment-use limb of royalty. The domestic royalty charging provision could not be relied on to tax the same receipts where the treaty was more beneficial to the assessee. In consequence, section 9(1)(vi) could not override the treaty position, and the reassessment notice based on the royalty characterisation failed. The stated ratio is that, where a treaty specifically excludes a receipt from royalty and the treaty is more beneficial, the domestic royalty provision cannot be used to bring the amount to tax. en-us Thu, 29 Aug 2024 00:00:00 +0530 Thu, 26 Sep 2024 20:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=759278 Aircraft leasing receipts were held not taxable as royalty under Article 12 of the applicable treaty because that provision expressly excludes aircraft from the equipment-use limb of royalty. The domestic royalty charging provision could not be relied on to tax the same receipts where the treaty was more beneficial to the assessee. In consequence, section 9(1)(vi) could not override the treaty position, and the reassessment notice based on the royalty characterisation failed. The stated ratio is that, where a treaty specifically excludes a receipt from royalty and the treaty is more beneficial, the domestic royalty provision cannot be used to bring the amount to tax. Case-Laws Income Tax Thu, 29 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=759278