2012 (6) TMI 446

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..... umar, J. - The revenue has preferred this appeal challenging the orders passed by the Income Tax Tribunal, which has held that the consideration paid by the assessee do not fall within the mischief of 'royalty' as defined under sub-clause (v) to Explanation 2 to clause (vi) of section 9(1) of the Income-tax Act, 1961. 2. In fact, the substantial question of law which arises for consideration in .....

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..... High Court will answer is whether on facts and circumstances of the case, the ITAT was justified in holding that the amount(s) paid by the appellant(s) to the foreign software suppliers was not 'royalty' and that the same did not give rise to any '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 consider .....

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