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2015 (5) TMI 573 - AT - Income TaxPayment made for transfer of user rights of software - whether the same are taxable as royalty under Article 12/13 of Double Taxation Avoidance Agreement (DTAA) between India and USA/UK/Singapore - non-deduction of tax at source - whether the assessee is liable to the demand raised u/s 201(1) and interest u/s 201(1A) - CIT(A) allowed assessee appeal - Held that:- Following the ratio laid down by the Mumbai Bench of the Tribunal in New Bombay Park Hotel Pvt. Ltd. Vs. ITO (Intr. Taxation) (2014 (4) TMI 68 - ITAT MUMBAI ) we hold that no liability can be fastened on the assessee to deduct tax at source on the basis of subsequent amendments made in the Act, in relation to earlier payments made to Non-residents, when the said amendment was not in force. We confirm the order of CIT(A) albeit on different grounds. The grounds of appeal raised by the Revenue are thus, dismissed. - Decided in favour of assessee.
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