2021 (8) TMI 1232

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..... Respondent : Sri.Pradeep Kumar, CIT-DR ORDER Per George George K, JM This appeal at the instance of the assessee is directed against final assessment order dated 21.10.2016, passed u/s 143(3) r.w.s. 144C(13) of the I.T.Act. The relevant assessment year is 2016-2017. 2. The solitary issue raised is whether sale of software was liable to be taxed as royalty. 3. Brief facts of the case are as fo .....

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..... t in the case of Engineering Analysis Centre of Excellence P. Ltd. v. CIT reported in [2021] 432 ITR 471 (SC). The learned Departmental Representative was not able to controvert the submissions made by the learned Counsel for the assessee. In view of the judgment of the Hon'ble Apex Court, which is identical to the facts of this case, we hold that the payment of Rs. 42,96,49,035 received by the as .....

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