https://www.taxtmi.com/caselaws?id=178425 The Tribunal dismissed the appeals, affirming the re-assessment proceedings under Section 147 of the Income-tax Act, 1961, and confirming the taxability of license fees as "royalty" under Section 9(1)(vi) of the Income-tax Act and Article 12 of the DTAA between India and the USA. The Tribunal supported its decision by referencing the Karnataka HC's ruling in Samsung Electronics Co. Ltd., which determined that payments for the right to use software amounted to "royalty," thereby making them taxable in India. The assessee's arguments were rejected, and the original assessment was upheld. en-us Thu, 08 Aug 2013 00:00:00 +0530 Fri, 27 Oct 2023 18:18:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=178425 The Tribunal dismissed the appeals, affirming the re-assessment proceedings under Section 147 of the Income-tax Act, 1961, and confirming the taxability of license fees as "royalty" under Section 9(1)(vi) of the Income-tax Act and Article 12 of the DTAA between India and the USA. The Tribunal supported its decision by referencing the Karnataka HC's ruling in Samsung Electronics Co. Ltd., which determined that payments for the right to use software amounted to "royalty," thereby making them taxable in India. The assessee's arguments were rejected, and the original assessment was upheld. Case-Laws Income Tax Thu, 08 Aug 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=178425