2023 (5) TMI 1065 - SCH - Income Tax

TDS u/s 195 - Royalty - taxability of software receipts - Whether constitutes as taxable income deemed to accrue in India u/s 9(1)(vi) - income deemed to accrue or arise in India - HELD THAT - The issue raised by the Revenue in the present special leave petitions is covered against them vide judgment in the case of Engineering Analysis Centre of Excellence Private Limited 2021 (3) TMI 138 - SUPREME COURT Learned Additional Solicitor General states that a Review Petition has been filed against this judgment, which is currently pending and the right of the Revenue to revive the present special leave petitions may be reserved, in case the Review Petition is allowed. Special leave petitions are dismissed, as the same is covered by the said decision of this Court. In case the review petition on the issue raised in the present special leave petitions is allowed, it will be open to the petitioner(s) to get the present special leave petitions revived.

Summary

The Supreme Court dismissed the special leave petitions as the issue raised is covered by a previous judgment. The Revenue may revive the petitions if the Review Petition is allowed. Pending applications are disposed of.