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2024 (1) TMI 367 - DELHI HIGH COURTIncome taxable in India - consideration received qua off- the- shelf sale of the software being brought to tax - consideration received from various entities on account of sale/supply of software - royalty received within the meaning of Article 12(3) of the Indo-Singapore -DTAA - finding of fact returned by the statutory authority is that assessee had not transferred the copyright it had qua the subject software - HELD THAT:- Tribunal, with regard to the said issue, in our opinion, ruled correctly, in favour of respondent/assessee and concluded that the amount could not be treated as royalty within the meaning Article 12(3) of the India-Singapore Double Taxation Avoidance Agreement. Tribunal relied upon the judgment of the Supreme Court rendered in the case of Engineering Analysis Centre of Excellence Pvt. Ltd. v CIT [2021 (3) TMI 138 - SUPREME COURT] Having regard to the findings of fact and the enunciation of law by the Supreme Court in the aforementioned judgment, according to us, the impugned order does not require interference - no substantial question of law arises for consideration.
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