2023 (7) TMI 1001 - SCH - Income Tax

Income taxable in India - Addition of recharacterization of receipts from sale of software licenses to Indian customers/distributors as royalty - Whether taxing the same receipts in hands of Respondent would result in double taxation? - HELD THAT - As we opine that the judgment of three judge Bench of this Court in Engineering Analysis Centre of Excellence Private Limited vs. Commissioner of Income Tax and Anr. 2021 (3) TMI 138 - SUPREME COURT is holding the field and therefore, the said judgment would have to be followed in the instant case also. In view of the above, the Special Leave Petitions stand dismissed.

Summary

The Supreme Court in Citation 2023 (7) TMI 1001 - SC Order, dismissed the Special Leave Petitions, stating that the judgment in Engineering Analysis Centre of Excellence Private Limited vs. Commissioner of Income Tax and Anr. (2022) 3 SCC 321 must be followed in the instant case.