2013 (1) TMI 986

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....ellant : Shri T.N. Betgiri, JCIT For the Respondent : Shri V. Balaji, CA ORDER PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER : In this appeal filed by the Revenue, it is aggrieved that the CIT(Appeals) deleted a disallowance made by the A.O. under Section 40(a)(ia) of Income-tax Act, 1961 (in short 'the Act') for non-deduction of tax at source, on payments effected by the assessee t....

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....ts effected by the assessee to M/s Abaqus Inc., were not royalty. Finding of the Tribunal was that what was acquired by the assessee was only a right of use a copyrighted software and not copyright in a software. In the assessment order itself, the A.O. has mentioned that the disallowance was being made despite Tribunal's ruling in favour of the assessee for keeping alive the issue. However, learn....