9911796707
TMI Blog2023 (6) TMI 773X X X X Extracts X X X X X X X X Extracts X X X X ..... D HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA For The Appellants (By Shri. K.V. Aravind, Senior Standing Counsel) For The Respondent (By Shri. T. Suryanarayana, Senior Advocate For Shri. T.S. Suresh, Advocate) JUDGMENT P.S. DINESH KUMAR, J., These two appeals by the Revenue filed under Section 260A of the Act [Income Tax Act, 1961], challenging the common order dated 25.05.2016 in ITA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e remittances to non-residents were involved with massive tax effect and also when such payments are not explicitly declared exempt by the provisions of the Act. 2. Heard Shri K.V.Aravind, learned Senior Standing Counsel for the appellant-Revenue and Shri T. Suryanarayana, Senior Advocate for the respondent-Assessee. 3. Brief facts of the case are, assessee is a software company. It has entered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emand of Rs. 94,89,34,671/- was raised for the relevant assessment years. The appeal before the CIT(A) [Commissioner of Income Tax (Appeals)] stood dismissed. The ITAT, by the impugned order, has allowed assessee's appeal. Feeling aggrieved, the Revenue is before this Court. 5. Shri Aravind submitted that explanation to Section 9 of the Act is made effective from 01.06.1976. Therefore, the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Analysis Centre of Excellence (P.) Ltd. Vs. Commissioner of Income Tax [2021]125 taxmann.com 42 (SC), Shri Suryanarayana submitted that issue is no more res-integra. He submitted that the Apex Court has also considered the view taken by the Bombay High Court in similar circumstances at paras 82 to 84 of the said decision. In substance, his contention is that assessee could not have been called u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impossible, namely, to apply the expanded definition of "royalty" inserted by explanation 4 to section 9(1)(vi) of the Income Tax Act, for the assessment years in question, at a time when such explanation was not actually and factually in the statute." 11. Admittedly, relevant assessment years for consideration in these appeals are 2009-10 and 2010-11. The substitution has taken place in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
