2022 (6) TMI 344

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....e case and in law, the Learned Assistant Commissioner of Income-tax, Circle - 2(l)(2)(International Taxation), New Delhi ('Ld. AO') has erred in characterizing, and the Learned Dispute Resolution Panel ('Ld. DRP) has further erred in confirming that, the nature of receipts amounting to INR 3,30,00,000 from sale of perpetual licence to State Bank of India ('SBI') as 'royalty' income liable for taxation in India within the meaning of Article 12(3) of the India-USA Double Taxation Avoidance Agreement ('DTAA') stating that payment received by the Appellant is towards use of secret process as well as grant of licence to use the software. 2. On the facts and in the circumstances of the case and in law, the Ld. AO / Ld. DRP erred in adopt....

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....9;) and held the right to license the KMAP to its customers. KMAP is a standard application platform which enables the development of mobile applications. It. provided an end-to end integrated, cloud-based platform that enables enterprises to quickly design, build, test, deploy and manage multi-channel app experiences. It also provides a suite of customizable, ready-to-run apps that lower costs, ensure faster time to market, and provide enterprises the flexibility to evolve at the speed of mobile technology. The assessee company employed a specialized staff of professionals globally dedicated to development, delivery, and support of mobile solutions and technologies. It provided software and support services to meet the demands of the ever ....