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2020 (7) TMI 191 - AT - Income TaxBusiness connection/PE in India - Revenue earned from supply of soft ware taxed as ‘royalty’ - assessee has offered to tax only receipts on account of professional services in the tax return filed by it to be taxed @ 15% in terms of Article 12 of the DTAA between India and USA - HELD THAT:- On finding party that there is no change in the factual matrix in Assessment Year under consideration as compared to earlier years, which has also been accepted by the lower authorities, respectfully following the findings of the co-ordinate bench, being upheld by ASPECT SOFTWARE INC. [2015 (5) TMI 726 - ITAT DELHI] we are of the considered view that receipts would constitute business receipts and is to be assessed as such, subject to the assessee having business connection/PE in India. Installation and dependent agent/PE in India - HELD THAT:- Tribunal has set aside the issue of dependent agent/PE, the ld. DR vehemently stated that the other inter-related issues relating to attribution of income and claim of remuneration to be at arms length need to be re-examined by the Assessing Officer after examining the issue relating to dependent agent/PE. We find force in this contention of the ld. DR. AO is directed to decide the issue relating to dependent agent/PE in line with the direction of the co-ordinate bench and thereafter should decide attribution of income and the issue relating to transactions being at arms length price. Grant of TDS credit - HELD THAT:- AO is directed to give credit of TDS as per provisions of law.
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