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2024 (11) TMI 630

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....acts and circumstances of the case and in law, the CIT(A) is correct in stating that the Equalization levy provisions enacted in the Finance Act, 2016 were done so as to bring the income generated from online advertisements and therefore, concluded that these payments/incomes were hitherto non-taxable under the then existing provisions, without considering that the amendment to made to Section 10(50) of the Income Tax Act, 1961 in Finance Act, 2020 that exemption under section 10(50) will not apply for royalty or fees for technical services which is taxable under the Act read with the agreement notified by the Central Government under section 90 or section 90A of the Act? 2. Whether on the facts and circumstances of the case and in law, t....

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....other customers in India had paid Rs. 721,311,566 during the year to GIL towards marketing & distribution rights of Adwords program in India and the receipts are taxable in the hands of GIL in India under the Act and India-Ireland DTAA as royalty as per Explanation 2 to section 9(1)(vi) of the Act. The AO noted that the ITAT, Bangalore has held the payments made to GIL towards Adwords program as royalty. 4. Based on the above information in the case of GIPL, the AO observed that the assessee-GIL has not offered the receipts to tax and therefore income escaped assessment for the above assessment years. Notice under Section 148 of the Act was issued to the assessee. The assessee filed Nil return of income pursuant to the notice u/s. 148 of t....

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....der, the assessee filed appeal before the CIT(Appeals). The ld. CIT(Appeals) following the ITAT order for the AY 2007-08 cited by the assessee, the relevant portion of the order is extracted in his order, allowed the assessee's appeal. Aggrieved the revenue is in appeal before the Tribunal. 6. The ld. DR relied on the order of the AO. 7. The learned A.R. submitted that as regards the stream of income received by the assessee from GIPL is concerned, the issue on merit is squarely covered in favour of the assessee by the order of the Tribunal in assessee's own case for AY 2007-08 in IT(IT)A No.2845/Bang/2017 dated 28.2.2023. He further submitted that the Tribunal in the case of Google India Pvt. Ltd. (Payer's case) in IT(TP)A No.1513 to 151....