2026 (6) TMI 1089

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... was correct in holding that since the Assessee has made the payment for use of software and not for use of copyright in software, payments made by the Assessee cannot be treated as Royalty under the provisions of Section 9(1) (vi) of the Income Tax Act, 1961, without appreciating that the payment made by the Assessee are on account of Royalty in view of Explanation 2 and Explanation 4 of Section 9(1)(vi) of the Act and decisions of Hon'ble Karnataka High Courts in the case of Synopsis International Old Ltd. (2012) 28 Taxmann.com 162 and Samsung Electronics Company Ltd. (2011) 16 Taxmann.com 141? B. Whether on the facts and in the circumstances of the case and in law, the Hon'ble Tribunal was correct in holding that the con....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ied to the Assessee were that a director of the Assessee, namely Shri Shailesh Shah, had admitted to the Income Tax Authorities that the Assessee had engaged in certain paper entries and transactions for which the Assessee company earned a commission. It is relying upon this admission that the Assessing Officer held that he had reason to believe that income of the Assessee has escaped Assessment to the tune of 1,85,453/- for Assessment year 2004-05. 4. After the matter travelled to the Tribunal, the entire reasons were brought on record by the Revenue. The entire reasons have been set out in paragraph 5 of the impugned order. It is thus clear that the entire reasons were never supplied to the Assessee and only a gist of the reasons were ....