2023 (7) TMI 287 - SCH - Income Tax

Income deemed to accrue or arise in India - Income received from sale of software licenses - Royalty under Article 12 of India Singapore Agreement - amounts paid by the concerned persons resident in India to non-resident - foreign software suppliers - Whether transaction constitutes as taxable income deemed to accrue in India u/s 9(1)(vi)? - HELD THAT - The issue raised by the Revenue in the present special leave petition is covered against them vide judgment of this Court dated 02.03.2021 in Engineering Analysis Centre of Excellence Private Limited vs. The Commissioner of Income Tax Anr. 2021 (3) TMI 138 - SUPREME COURT As Revenue 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 petition may be reserved, in case the review petition is allowed. Recording the aforesaid, the special leave petition is dismissed, as the same is covered by the aforesaid decision of this Court.

Summary

The Supreme Court dismissed the special leave petition as the issue raised is covered by a previous judgment. The Revenue may revive the petition if the review petition is allowed.