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2015 (6) TMI 211 - AT - Income TaxDeduction of tax at source u/s. 195 - whether payment made by assessee to the foreign company being in the nature of 'royalty'? - CIT(A)deleting the demand raised u/s. 201(1) and 201(1A) - Held that:- When the department has not been able to bring any material on record to controvert the factual findings, arrived at by the Ld.CIT(A), we do not see any merit in the contention of the department that the payment made is in the nature of 'royalty'. On going through the facts and materials on record, we are of the firm opinion that the payments made by the assessee to M/s. Altiris do not come within the purview of 'royalty' as finds place u/s. 9(1)(vi) of the Act. As far as the decisions relied upon by the parties, we are of the view that they have no relevance to the facts of the present case since, on the basis of facts on record, it is proved that assessee is merely a trader of software products of the foreign company. In the aforesaid facts and circumstances, we find no reason to interfere with the order of the Ld.CIT(A) which is accordingly upheld. - Decided against revenue.
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