2023 (6) TMI 1176 - SCH - Income Tax

Income taxable in India - Addition of recharacterization of receipts from sale of software licenses to Indian customers/distributors as royalty - High Court has held that, in view of the decision of Apex Court, the income is not taxable in India - HELD THAT - Special leave petitions is covered against them vide judgment in the case of Engineering Analysis Centre of Excellence Private Limited vs. The Commissioner Of Income Tax Anr 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. Recording the aforesaid, the 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 of India in Citation 2023 (6) TMI 1176 - SC Order dismissed special leave petitions as the issue raised by the Revenue is covered by a previous judgment. A Review Petition has been filed and if allowed, the special leave petitions may be revived. Pending applications shall stand disposed of.