2024 (1) TMI 367

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....H KATHPALIA For the Appellant Through: Mr Ruchir Bhatia, Senior Standing Counsel. For the Respondent Through: Mr Satyen Sethi and Mr Arta Trana Panda, Advocates. RAJIV SHAKDHER, J. (ORAL): 1. This appeal concerns Assessment Year (AY) 2009-10. 2. Via the instant appeal, the appellant/revenue seeks to assail the order dated 31.03.2022 passed by the Income Tax Appellate Tribunal [in short "Tr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he finding of fact returned by the statutory authority is that the respondent/assessee had not transferred the copyright it had qua the subject software. The Tribunal, with regard to the said issue, in our opinion, ruled correctly, in favour of respondent/assessee and concluded that the amount could not be treated as royalty within the meaning Article 12(3) of the India-Singapore Double Taxation A....