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| The Tax Publishers2020 TaxPub(DT) 0341 (Mum-Trib) INCOME TAX ACT, 1961
Section 254
Order of Tribunal in assessee's own case, there was no merit in the action of the lower authorities for treating the receipt as fees for technical services despite the concept of “make available” clause contained in article 13(4)(c) of the treaty or as equipment royalty. Accordingly, AO was directed to delete the addition so made. There was no change in the Tribunal's order.
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Appeal (Tribunal) - Rectification of mistake - Reference to non-taxability of amount as equipment royalty although the same was referred to in the extracted order of earlier year -
Assessee filed application for rectification of order of Tribunal that there was an inadvertent typographical error which was rectified under section 254(2) inasmuch as there was no reference to non-taxability of the amount as equipment royalty although the same was referred to in the extracted order of the earlier year. The mistake was apparent on record. Held: Order of Tribunal in assessee's own case, there was no merit in the action of the lower authorities for treating the receipt as fees for technical services despite the concept of “make available” clause contained in article 13(4)(c) of the treaty or as equipment royalty. Accordingly, AO was directed to delete the addition so made. There was no change in Tribunal's order
REFERRED :
FAVOUR : Against the assessee
A.Y. :
IN THE ITAT, MUMBAI BENCH
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