2023 (8) TMI 640

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ay Kumar, Sr. DR ORDER This is an appeal by the Revenue against order dated 28.12.2022 passed by learned Commissioner of Income Tax (Appeals)-42, Delhi, pertaining to assessment year 2017-18. 2. When the appeal was called out, none appeared on behalf of the respondent-assessee. On perusal of record, it is observed that notice of hearing was issued to the respondent-assessee, both through ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ty and a tax resident of United States of America (USA). As stated by the Assessing Officer, the assessee is a leading provider of software products and services. The assessee had entered into master license and subscription agreement with Infosys Ltd. and Wipro Ltd., two Indian entities, for supply of software products with associated services. In the year under consideration, the assessee receiv....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sessment years, the Assessing Officer, ultimately, concluded that the amounts received by the assessee from supply of software licenses and associated services from Indian entities are taxable as royalty/FIS, both under the provisions of the Act and India- USA DTAA. Accordingly, he added back the amount to the income of the assessee and brought it to tax on gross basis by applying the rate of 15%.....