2023 (12) TMI 1043

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....r Sunil Agarwal, Sr Standing Counsel with Mr Shivansh B. Pandya, Standing Counsel and Mr Utkarsh Tiwari, Adv. For the Respondent Through: Mr Prakash Kumar and Ms Rashmi Singh, Advs. RAJIV SHAKDHER, J. (ORAL): 1. This appeal concerns Assessment Year (AY) 2014-15. 2. Via the instant appeal, the appellant/revenue seeks to assail the order dated 26.05.2023 passed by the Income Tax Appellat....

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....presentative of the parties and perused the material on records. We have also considered the decision of the Hon'ble Delhi High Court in Liquid Investment and Trading Co. (supra) and decision of Indore Bench of the Tribunal in Yugal Kishore Jajoo (supra) relied upon by the assessee. It is an undisputed fact that the assessee earned revenues from two streams i.e. web hosting and domain registration....

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....the Hon'ble Court has framed a substantial question of law as mentioned earlier. We are, therefore, of the view that the issue involved in the present appeals is a debatable issue and the position in law is not yet settled. The impugned penalty in both the AYs is therefore not exigible." [Emphasis is ours] 5. In sum, the Tribunal was of the view that the issue involved in the appeal wa....

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....al"] erred in holding that the income received by the appellant as a consideration for providing domain name registration services amounted to „royalty‟ under Section 9(1)(vi) of the Income Tax Act, 1961 [in short, "Act"]?" 8. Given the position that the respondent/assessee before us has succeeded in the aforementioned appeals, the penalty imposed in the instant appeal cannot be sus....