2025 (9) TMI 304

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.... MR. JUSTICE S.G. PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND For the Appellants: (By Sri. E.I. Sanmathi, Sr. Standing Counsel And Sri Sushal Tiwari, Standing Counsel). For the Respondent: (By Sri. Vishal Kalra, Adv. For Sri P.D. Ankur, Adv.). ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K.V. ARAVIND) Heard Senior Standing Counsel Sri. E.I. Sanmathi, and Standing Counsel Sushal ....

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.... not similar since assessee in present case dealt with customized software and not shrink-wrapped software and moreover when Review Petition filed by Revenue is pending for adjudication before Supreme Court in case of Engineering Analysis Centre of Excellence? 2. Whether on the facts and in the circumstances of the case, the Tribunal's order can be said as perverse in nature in disregardi....

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....of sale of software is taxable as Royalty, as per the provisions of the Income Tax Act and also India-UK Double Taxation Avoidance Agreement. 5. The Tribunal, on appeal by the respondent-assessee, following the judgment of the Hon'ble Supreme Court in the case of ENGINEERING ANALYSIS CENTRE FOR EXCELLENCE PRIVATE LIMITED v/s CIT AND ANOTHER reported in (2021) 432 ITR 472 (SC) held that the inco....

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....tware. Hence, the law laid by the Hon'ble Supreme Court in ENGINEERING ANALYSIS is squarely applicable. 8. Having considered the submissions of the learned counsel for the parties, the Assessing Officer has held that the income received on account of sale of software as Royalty. The Dispute Resolution Panel considering that after sales services were rendered held that the case is distinguishabl....