https://www.taxtmi.com/caselaws?id=178425 Reopening under sections 147 and 148 was upheld because the original assessment order was cryptic and showed no conscious examination of the software licence receipts; with notice issued within four years, the change-of-opinion objection failed. Licence fees for allowing Indian affiliates to use software were held taxable as royalty under the Income-tax Act and the India-USA DTAA, since the assessee granted use rights in software while copyright remained with the owner. The Tribunal applied the retrospective amendment to section 9(1)(vi) and treated permitted use, including copying and installation for internal business, as use of copyright. The additions and reassessment were sustained. 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 Reopening under sections 147 and 148 was upheld because the original assessment order was cryptic and showed no conscious examination of the software licence receipts; with notice issued within four years, the change-of-opinion objection failed. Licence fees for allowing Indian affiliates to use software were held taxable as royalty under the Income-tax Act and the India-USA DTAA, since the assessee granted use rights in software while copyright remained with the owner. The Tribunal applied the retrospective amendment to section 9(1)(vi) and treated permitted use, including copying and installation for internal business, as use of copyright. The additions and reassessment were sustained. Case-Laws Income Tax Thu, 08 Aug 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=178425