TMI Blog2024 (1) TMI 367X X X X Extracts X X X X X X X X Extracts X X X X ..... he software being brought to tax - consideration received from various entities on account of sale/supply of software - royalty received within the meaning of Article 12(3) of the Indo-Singapore -DTAA - finding of fact returned by the statutory authority is that assessee had not transferred the copyright it had qua the subject software - HELD THAT:- Tribunal, with regard to the said issue, in our ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. For the Respondent Through: Mr Satyen Sethi and Mr Arta Trana Panda, Advocates. RAJIV SHAKDHER, J. (ORAL): 1. This appeal concerns Assessment Year (AY) 2009-10. 2. Via the instant appeal, the appellant/revenue seeks to assail the order dated 31.03.2022 passed by the Income Tax Appellate Tribunal [in short Tribunal ]. 3. The appellant/revenue has proposed the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is that the respondent/assessee had not transferred the copyright it had qua the subject software. The Tribunal, with regard to the said issue, in our opinion, ruled correctly, in favour of respondent/assessee and concluded that the amount could not be treated as royalty within the meaning Article 12(3) of the India-Singapore Double Taxation Avoidance Agreement. 5.1. The Tribunal relied upon t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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