2023 (9) TMI 1173

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....eal. 2. According to the appellant/revenue, there is a delay of 160 days in refiling the appeal. 3. Counsel for the respondent/assessee says that he would have no objection if the delay is condoned. 4. For the reasons given in the application and the stand taken by the counsel for the respondent/assessee, the delay in re-filing the appeal is condoned. 5. The application is disposed of, in the aforesaid terms. ITA 487/2023 6. This appeal concerns Assessment Year (AY) 2003-04. 7. Via this appeal, the appellant/revenue seeks to assail the order dated 01.08.2022 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"]. 8. The Tribunal, having examined the facts on record, proceeded to allow the appeal filed by ....

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....re. The sub-license in such a case is also the ultimate user of the software. The 'sub-licensee' is identified in the license agreement between the Appellant and its customers and the customers cannot sub-license such software product to any other sub-licensee. 7. License agreements with Bharti that provide the license to the Appellant's customers to use the software product in its own business without any further sub-licensing rights to any third party. The customers in such a case are the ultimate user of the software. 8. The Assessing Officer held that the payments amounting to Rs. 365,090,258/- received by the assessee for supply of software is taxable as "royalty" on account of being a payment for grant of a copyright....