2019 (4) TMI 2092

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.... Mr. Siddharth Joshi, Advocates ORDER S. RAVINDRA BHAT, J. (ORAL) 1.In these cases the question urged is with respect to the interpretation of Section 9(1)(vi), Explanation (2)(iii) and (iva) of the Income Tax Act, 1961, as well as Article 12(3) of the Indo US Double Taxation Avoidance Agreement (DTAA). The ITAT held that the payments received by the assessee, were not royalty. In doing so, i....

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.... or right to use natural, scientific or commercial equipment and that the entire issue requires consideration. 3.The provisions of the Indo-US DTAA, especially Article 12(3) is identical to the substantive Section 9(1)(vi), Explanation 2(iii) and (iva) of the Income Tax Act, 1961. Article 12(3) treats the entire subject matter in a composite manner. This Court is of the opinion that the Revenue's....