2013 (1) TMI 1073

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....P.J. Pardiwala, Senior Advocate with Mr. Sameer Chitnis i/by Crawford Bayley & Company. P.C. : 1. In this appeal filed by the Revenue, following questions of law have been formulated for the consideration of this Court. "a) Whether, on the fact and circumstances of the case and in law, the Tribunal was justified in holding that the income (royalty) of the assessee was taxable under ....

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....uld be termed as royalty payments and would  therefore constitutes  income chargeable within  the meaning of Explanation­2 of Section 9(1)(vi) of the Act r.w. DTAA with Germany in the hand of recipient ?" 2. In so far as question (a) is concerned, counsel for the parties agreed that the said issue is covered in favour of the assessee and against the Revenue by the decision of....