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| The Tax Publishers2020 TaxPub(DT) 5152 (Bom-HC) INCOME TAX ACT, 1961
Section 260A
The question as to whether Tribunal was justified in holding that reimbursement of lease line charges does not qualify as 'Royalty' under article 12(3) (b) of the India-UK DTAA, did not give rise to any substantial question of law.
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Appeal (High Court) - Maintainability - No substantial question of law -
Revenue filed appeal raising a question of law as to whether Tribunal was justified in holding that reimbursement of lease line charges does not qualify as 'Royalty' under article 12(3) (b) of the India-UK DTAA. Held: Similar question raised for assessment year 2004-05 in DIT IT (International Taxation) v. WNC Global Services, (UK) Ltd. [2013] 32 Taxmann.com 54 (Bom) : (2013) 214 Taxman 317 (Bom.) : 2013 TaxPub(DT) 1082 (Bom-HC) was not entertained, as it was a finding of fact. In view of the statement made on behalf of the Revenue, the question as framed above did not give rise to any substantial question of law. Thus, appeal was not entertained.
Followed:DIT IT (International Taxation) v. WNC Global Services, (UK) Ltd. [2013] 32 taxmann.com 54 (Bom) : (2013) 214 Taxman 317 (Bom.) : 2013 TaxPub(DT) 1082 (Bom-HC)
REFERRED :
FAVOUR : In favour of assessee.
A.Y. : 2007-08
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