TMI Blog2023 (9) TMI 840X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal seem to clearly indicate that even the appellant/revenue accepted that what was sold by the respondent/assessee was off the shelf software. Appellant also attempted to draw our attention to the agreement entered into by the respondent/assessee with Wipro Ltd.It is required to be noted this agreement has not been placed before us. In ground B, there is a short extract of the agreement has been set forth which adverts to the fact that the respondent/assessee also extends services in the nature of training to the employees of Wipro Ltd., at their own facility, which is presumably located in Israel or through virtual mode. These are the aspects, which, even according to Appellant were not raised before the statutory authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (AY) 2011-12. 8. Insofar as AY 2012-13 (ITA No. 434/2023) is concerned, a separate appeal has been filed by the appellant/revenue, which is also on our board today. 9. The appeal arises out of a common order dated 03.10.2022 passed by the Income Tax Appellate Tribunal [in short, Tribunal ]. 10. The short question which arose for consideration before the Tribunal was whether the consideration received by the respondent/assessee, i.e., a company incorporated and based in Israel, was royalty under the provisions of the Indian Income Tax Act, 1961 [in short, the Act ]. 11. The Assessing Officer (AO),via the draft assessment order, proposed imposition of tax on consideration received by the respondent/assessee as royalty, by invok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entative of the appellant/revenue could not dispute the principle of law enunciated in the aforementioned judgment of the Supreme Court. This aspect is noted in paragraph 7 of the impugned order. 19. Although Mr Rai sought to contend that the software was custom-built, he was unable to demonstrate such case was set up by the appellant/revenue before the statutory authorities. 20. As a matter of fact, the assertions made in the appeal seem to clearly indicate that even the appellant/revenue accepted that what was sold by the respondent/assessee was off the shelf software. 21. Mr Rai also attempted to draw our attention to the agreement entered into by the respondent/assessee with Wipro Ltd. 22. It is required to be noted this a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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