https://www.taxtmi.com/caselaws?id=433144 The Tribunal ruled in favor of the assessee regarding the taxability of amounts received from the sale of a license and annual software maintenance charges under the India-USA Double Taxation Avoidance Agreement (DTAA). The Tribunal held that the receipts were not considered royalty or Fee for Included Services (FIS) under the DTAA, directing the Assessing Officer to delete the additions. Additionally, the Tribunal noted an erroneous application of tax rate under section 115(1)(b)(B) of the Act, remanding the issue for proper adjudication. The appeals for the assessment years were allowed and partly allowed, respectively, with specific directions for further actions. en-us Wed, 11 Jan 2023 00:00:00 +0530 Sat, 21 Jan 2023 14:59:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=433144 The Tribunal ruled in favor of the assessee regarding the taxability of amounts received from the sale of a license and annual software maintenance charges under the India-USA Double Taxation Avoidance Agreement (DTAA). The Tribunal held that the receipts were not considered royalty or Fee for Included Services (FIS) under the DTAA, directing the Assessing Officer to delete the additions. Additionally, the Tribunal noted an erroneous application of tax rate under section 115(1)(b)(B) of the Act, remanding the issue for proper adjudication. The appeals for the assessment years were allowed and partly allowed, respectively, with specific directions for further actions. Case-Laws Income Tax Wed, 11 Jan 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=433144