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2020 (7) TMI 99 - AT - Income TaxTaxability of receipt from sale of 'off-the shelf' software as 'Royalty' - India-Finland Tax Treaty - whether the payments received by the assessee from its distributor for sale of specialized software and maintenance and support services (including upgrades) could be held as ‘royalty’ as per Article 12 of the India-Finland tax treaty, and also as per the Explanation 2 to Sec. 9(1)(vi)? - HELD THAT:- As decided in own case [2019 (12) TMI 1315 - ITAT MUMBAI] amount received by the assessee from its distributor for sale of specialized software and maintenance and support services (including upgrades) cannot be held as being in the nature of ‘royalty’ as per Article 12 of the India-Finland tax treaty. Levy of interest u/ss. 234A and 234B - HELD THAT:- As the calculation of the interest liabilities would be consequential to the determining of the tax liability of the assessee, therefore, the same is being restored to the file of the A.O.
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