2015 (10) TMI 2810

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....bsp;: Shri. Ankur Pai, CA. For the Revenue  : Shri. Sunil Kumar Agarwala, JCIT. ORDER PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER : In this appeal filed by Revenue, it has taken the following grounds : 1. The Hon'ble CIT(A) has erred in holding that the assessee is entitled to adopt provisions of Section 115A(1)(b)(AA) of the Income Tax for computing the tax payable on royalty income ....

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....t source u/s 195, and payment of advance tax u/s 210 are not mutually exclusive. 5. The Hon'ble CIT(A) has fai led to appreciate that Sec. 209 is a computation section of advance tax on assessment of future tax liability and these words would not have been construed to mean that neither the advance tax provisions are applicable to the cases covered u/s 195 nor the assessee are at liberty to ....

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.... part of the royalty received was on account of agreement entered prior to 01.04.2005. Assessee while offering income from royalty / fee for technical services, took umbrage u/s.115A of the Income-tax Act, 1961 ('the Act' in short), for a part of its income, whereas other income as per rates provided in Indo US DTAA on certain other income. In other words, income arising out of agreements entered ....