2012 (6) TMI 203

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..... . - The revenue has preferred this appeal against the order passed by the Tribunal, which has granted relief to the assessee. 2. In fact, the substantial question of law which arises for consideration in this appeal arose for consideration before this court in two appeals, firstly, in the case of CIT v. Synopsis International Old Ltd. [ITA Nos. 11 to 15/2008 decided on 3.8.2010] where the substa .....

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..... 'income' taxable in India and, therefore, the appellant[s] was not liable to deduct any tax at source?" 4. In both the cases, it was held that the consideration paid by the Indian customers or end users to the assessee - a foreign supplier, for transfer of the right to use the software/computer programme in respect of the copyrights falls within the mischief of 'royalty' as defined under sub-clau .....

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