Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (4) TMI 645 - AT - Income TaxIncome deemed to accrue or arise in India - Consideration from sale of software licenses taxed as royalty - PE in India - Whether AO and the Hon’ble DRP has erred in treating the consideration received from sale of software license taxable as ‘Royalty’ both under the provisions of the Act as well as Article 12 of the Double Taxation Avoidance Agreement (‘DTAA’) between India and Singapore? - HELD THAT:- The issue of software income is not a royalty income is settled by the Hon’ble Apex Court in case of Engineering Analysis Centre of Excellence Pvt. Ltd. [2021 (3) TMI 138 - SUPREME COURT] The Legal Principal and the factual matrix are identical in present Assessment year of the assessee to that of the issues discussed in case of Engineering Analysis Centre of Excellence Pvt. Ltd.. Besides this, the issue is covered in favour of assessee in previous year as well. Hence, the appeal of the assessee is allowed.
|