Assessee, a tax resident of Turkey, entered into a Trademark Licence Agreement (TLA) with its Indian subsidiary for transferring exclusive, irrevocable and perpetual right of usage of trademark/brand name in favour of Indian subsidiary for a consideration. Assessee claimed said consideration as capital gain and exempt under article 13(6).  DRP affirmed the order of the Assessing Officer. On appeal the Tribunal held that   consideration received by assessee for permitting right to use of brand name/trademark under TLA was nothing but in nature of royalties as defined under section 9(1)(vi) read with article 12(3) of India-Turkey tax treaty hence taxable in India.  (AY. 2019-20)