TaxTMI 
TaxTMI 
2024 (7) TMI 1588
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....rch 2023, for A.Y. 2012-13, for adjudication of ground no. 6 of this appeal only. 02. Ground no. 6 of the appeal is as under:- "Ground No. 6- Collection of membership fees, BSPL ink charges and fees for IATA clearing House facility' (ICH facility). In relation to collection of membership fees. a. Erred in taxing the membership fees as 'business profits' under Article 7 of the India- Canada tax treaty, by treating the Indian branch office of the Appellant as a PE of the Appellant under Article 5 of the India - Canada tax treaty, without appreciating the fact that the membership fees collected by the Appellant is independent and not related to the BSP activities undertaken by the Indian branch office....
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....ty. In relation to fees for ICH facility f. Erred in treating the Indian branch office of the Appellant as being the PE of the Appellant in India as per Article 5 of the India - Canada tax treaty, without appreciating the fact that the activity of provision of ICH facility is completely independent and separate from the BSP services provided by the Indian branch office and accordingly, taxing the said receipts as 'business profits' under Article 7 of the India - Canada tax treaty. g. Erred in not accepting the contentions of the Appellant that as the ICH facility is provided by the Appellant outside India and the income is also received by the Appellant in a bank account maintained outside India, the reven....
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....see has a branch office in India approved by the Reserve Bank of India. 05. Assessee filed its original return of income on 31st March 2014, at a total income of Rs.4,26,07,201/-. The assessment order under Section 143(3) read with section 144C(13) of the Act pursuant to the direction of the learned Dispute Resolution Panel was passed on 30th December 2015. The appeal of the assessee in ITA No. 587/Mum/2016 and appeal of the learned Assessing Officer in ITA No. 964/Mum/2016, travelled to the co-ordinate Bench. It passed an order on 18th January 2021, wherein the appeal of the assessee was partly allowed while appeal of the learned Assessing Officer was also partly allowed for statistical purposes. 06. Subsequently, a Miscell....
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....lection of membership fee by the India Branch and transmission of same to the assessee; and the transaction is without any commercial element. If all the conditions are satisfied, no addition is warranted. The ground No. 6(c) is allowed for statistical purpose." 07. Looking carefully at Para no.7, ground no. 6(c), was allowed for statistical purposes. 08. Subsequently, the assessee filed a second Miscellaneous Application in MA No. 474/Mum/2023 which came to be decided on 23rd February 2024. In this Miscellaneous Application, it was claimed that the Tribunal had failed to record the correct submission of the assessee on the principle of mutuality and BSP Link charges. Vide paragraph no.5 of the order, the co-ordinate Bench h....