Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 1391 - AT - Income TaxRoyalty receipts - Taxability of consideration received for facilitating grant of user charges in software to Indian entities as per the provisions of Indian-US Tax Treaty - HELD THAT:- The issues raised by the assessee are decided against the assessee following the decision of Tribunal in assessee’s own case relating to assessment years 2004-05 and 2006-07 [2013 (8) TMI 952 - ITAT- PUNE] payment made by the respondents to the non-resident supplier amounts to royalty and is rightly brought to tax in India. The assessee is not entitled to get the immunity of the DTAA between India and USA. Since there is no change in the facts and circumstances. However, in view of the declaration made by the assessee in prescribed Form No.8 in terms of section 158A(1) of the Act, the Assessing Officer is directed to apply the decision of the Hon’ble Bombay High Court and / or Hon’ble Supreme Court of India, on the said issues being decided in assessee’s own case, relating to assessment years 2004-05 and 2006-07. The grounds of appeal Nos.1 to 3 raised by the assessee are accordingly, dismissed.
|