2019 (4) TMI 2092

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....r the respondent: Mr. Sanchit Jolly, 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 as....

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.... authority on the payouts received for use 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. Thi....