2021 (2) TMI 1370

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....dv. For the Revenue : Dr. Prabha Kant, CIT DR ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the order dated 27.10.2020 passed by the AO u/s 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961. 2. Following grounds have been raised by the assessee: "1. That on the facts and in the circumstances of the case and in la....

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....ment Capacity are assessable as business profits in India and in the absence of a Permanent Establishment under Article 5 of the India-Netherlands Double Taxation Avoidance Agreement between India and Netherlands ('the DTAA'), the receipts earned by the Appellant are not taxable in India. 2. That on the facts and circumstances of the case and in law, the Ld. AO erred in holding that the p....

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....e in [2016] 382 ITR 114 (Delhi) for AY 2006-07 and AY 2008-09. 2.2. Without prejudice to ground 2 above, the Ld. AO and the Panel erred in not taking cognizance of the fact that 'use of a secret process' is a sine qua non for the payments to qualify as 'Royalty' under the India-Netherlands DTAA. 3. That the Ld. AO erred in holding that the payments received by the Appellant as co....

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....s" as de fined u/s 9(1)(vii) of the Income Tax Act and Article 12(5) of the DTAA. c. That the issue before us has been settled in favour of the assessee by the orders of the Hon'ble Jurisdictional High Court for the assessment years 2000-01 to 2014-15 (382 ITR 114) (Del.). 4. We have gone through the record before us. The para 3.2 of the DRP order reads as under: "3.2 The matt....