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2016 (12) TMI 48 - AT - Income TaxSale of software - chargeable to tax under Article 7 of DTAA as business income of the assessee OR not under Article 12 as ‘Royalty’ - Held that:- On identical set of facts, respectfully following the decision of the coordinate bench of the ITAT in the assessee’s own case for A.Ys. 07-08, 08-09 and 09-10, we hold that for A.Ys. 11-12 and 12-13, the sale of software by the assessee is the sale of standard software which is chargeable to tax under Article 7 of DTAA as business income of the assessee and not under Article 12 as ‘Royalty’. Allowance of tds credit - action of grossing up of the receipts for the purpose of computation of income - Held that:- Both the issues are set aside to the file of the AO with the direction to grant the credit of TDS, if found in accordance with the law and also to re-compute the gross receipts for the purpose of taxation.
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