https://www.taxtmi.com/highlights?id=59620 Reopening of assessment u/s 147 - There is no gainsaying that the Courts declare the law and do not legislate. With the advent of Engineering Analysis (SC) (supra), the law since inception has to be presumed as not treating the sale of software licenses as ‘Royalty’ in terms of section 9(1)(vi) read with Article 12 of the DTAA insofar as the year under consideration is concerned. Thus, the re-assessment pursuant to such reasons is hereby set-aside. - AT en-us Fri, 10 Sep 2021 09:06:33 +0530 Fri, 10 Sep 2021 09:06:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=59620 Reopening of assessment u/s 147 - There is no gainsaying that the Courts declare the law and do not legislate. With the advent of Engineering Analysis (SC) (supra), the law since inception has to be presumed as not treating the sale of software licenses as ‘Royalty’ in terms of section 9(1)(vi) read with Article 12 of the DTAA insofar as the year under consideration is concerned. Thus, the re-assessment pursuant to such reasons is hereby set-aside. - AT Highlights Income Tax Fri, 10 Sep 2021 09:06:33 +0530 https://www.taxtmi.com/highlights?id=59620