Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2013 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (4) TMI 515 - AT - Income TaxDeduction of tax at source - DTAA - distribution of software product - royalty - authorized distributor - non-exclusive non-transferable right to market, sell, distribute and support BEA products in its territory - ‘Shrink wrapped software’ constituted royalty payment. - Held that - Hon’ble jurisdictional High Court in Commissioner of Income-tax Versus Samsung Electronics Co. Ltd. & Others [2011 (10) TMI 195 - KARNATAKA HIGH COURT] held that payment made by the assessee to nonresident companies would amount to royalty within the meaning of Article 12 of the DTAA with the respective countries and there was obligation on the part of the assessee to deduct tax at source u/s. 195 of the I.T. Act. We therefore do not see any infirmity in the order of the ld. CIT(A), as such we do not find any merit in this appeal of the assessee. Since facts in the present case are same with that of the earlier assessment year, following the decision of the Tribunal, we do not see any merit in the grounds of appeal of the assessee and accordingly dismiss the same. - Decided against the assessee. Deletion of nterest levied u/s 234B - Held that - This view has also been upheld by the Honorable Delhi High Court in the case of DIT vs. Jacabs Civil Incorporated [2010 (8) TMI 37 - Delhi High Court] Respectfully following the above judicial pronouncements, the Assessing Officer is directed to delete the interest charged u/s 234B of the Income tax Act. we do not find any infirmity in the order of the first appellate authority and as such we uphold the same for the reasons stated therein. The grounds of appeal of the revenue are dismissed. In the result, both the appeal of the assessee and the appeal of the revenue are dismissed.
|