ITAT Mumbai – For ‘Equipment Royalty’ u/s 9(1)(vi), control of equipment by payer essential

IN THE INCOME TAX APPELLATE TRIBUNAL “L” Bench, Mumbai ITA No. 506/Mum/2008 (Assessment Year: 2004- 05) Yahoo India P. Ltd. Vs. DCIT ORDER Per P.M. Jagtap, A.M This appeal filed by the assessee is directed against the order of the learned CIT(A) XXX, Mumbai dated 19.10.2007 whereby he confirmed the disallowance of 34,86,947/- made by the A.O. under section 40(a) on account of payment made by assessee to Yahoo Holdings (Hong Kong) Ltd. without deducting tax at source. 2. Assessee company in the present case is a fully owned subsidiary of Yahoo Inc, USA, which is eng...