ORDER

PER BEENA PILLAI, JUDICIAL MEMBER

Present appeal arises out of the order dated 12.07.2023 passed by the Ld.ACIT(International Taxation), Circle – 1(2), Bangalore for A.Y. 2020-21 on following grounds of appeal:

“Based on the facts and circumstances of the case and in law, Mann Hummel GMBH respectfully craves leave to prefer an appeal against the assessment order passed by the Deputy Commissioner of Income-tax, International Taxation Circle — 1(2), Bengaluru (hereinafter referred to as the "learned AO") dated 12 July 2023, under section 143(3) read with section 144C(13) of the Income-tax Act, 1961 ("the Act") on the following grounds:

1. The order of the learned AO is based on incorrect interpretation of law and therefore is bad in law.

2. The learned AO and the Hon'ble Dispute Resolution Panel ("DRP") erred, in law and on facts, by holding that the payment received towards cross charge of lease line / Global Area Network (-GAN") charges, amounting to INR 49,54,520/-, is in the nature of Royalty and hence chargeable to tax under the Act and Article 12 of the India- Germany Double Taxation Avoidance Agreement ("DTAA").

3. The learned AO and the Hon'ble DRP erred, in law and on fact