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2021 (9) TMI 1177 - AT - Income TaxAccrual of Income in India - Royalty - right to use the software - overriding effect to the DTAA - License fee for use of HR software treated as royalty under the Act / Article 12 of the India-Netherlands tax treaty - HELD THAT:- Issue is squarely covered in favour of the assessee by the decision of Hon’ble Supreme Court in the case of Engineering Analysis Centre of Excellence Private Limited [2021 (3) TMI 138 - SUPREME COURT] is acceptable. Hon’ble Supreme Court has elaborately examined the issue and has decided the issue in favour of the assessee. The Hon’ble Supreme Court has set aside the decision of Hon’ble Karnataka High Court in the case of Samsung Electronics Company Ltd. [2011 (10) TMI 195 - KARNATAKA HIGH COURT], which has been relied upon by the AO. - Decided in favour of assessee.
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