Broadcasting Reproduction Right not covered under definition of Royalty under Article 12 of India-USA DTAA

Fox International Channels (US) Inc Vs DCIT (ITAT Mumbai) ITAT Mumbai held that Broadcasting Reproduction Right is not covered under the definition of Royalty under the Income Tax Act as well as Article 12 of the India-USA DTAA. Facts- The assessee, Fox International Channels (FIC) is a non-resident foreign company, incorporated in the US. It is primarily engaged in the media industry, and its business consists of broadcasting its channels over various countries, including the Indian sub-continent. FIC is eligible for the benefits of the India – USA Double Taxation Avoidance Agreement and ha...