Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (9) TMI 807 - AT - Income TaxTDS u/s 195 - Remittaces for supply of software which is his income as per both Section 9(1)(VI) and as per Article 12(3) of India with U.S.A DTAA - HELD THAT:- It is pertinent to note in case of Engineering Analysis [2021 (3) TMI 138 - SUPREME COURT] has categorically given the findings thereby observing that the computer software cannot be held as royalty as set out in Paragraph 169 of the said decision - DR’s contention that the factual matrix is different is not sustainable as the ratio related to royalty is very much dealt by the Apex Court thereby observing that the same is applicable to computer software cases in different types of series which has been already defined. Hon'ble Supreme Court clearly held that there is no element of royalty in these type of transactions. Thus, the appeal of the assessee is allowed.
|