9911796707
TMI Blog2021 (7) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... r software to end-user license agreement (EULA)/distribution agreements is not for payment of the royalty for the use of copyright in the computer software and that same does not give rise to any income taxable in India. In the instant case before us also software license agreement between the assessee and the customer was for use of the software and therefore corresponding supply of the software is not in the nature of the royalty taxable in India as per DTAA between India and the Sweden. We note that the Ld. DR has also fairly conceded that the dispute is covered by the decision of the Hon ble Supreme Court in the case cited above. Accordingly, following the decision of the Hon ble Supreme Court (supra), we uphold the finding of the Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on on 31/03/2015 declaring total income of ₹ 3,68,95,442/-. The return of income filed by the assessee was selected for scrutiny assessment and statutory notices under the Income-Tax Act, 1961 (in short the Act ) were issued and complied with. The Assessing Officer observed that during the year under consideration, the assessee entered into software license agreement with Reliance Corporate IT Park Ltd (i.e. customer) for supply of a standard software applications and provision of services thereof and pursuant to this agreement, the assessee received consideration toward supply of software amounting to ₹ 8,04,15,000/-and towards technical services amounting to ₹ 3,68,95,442/-. The assessee offered income from services to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed through video conferencing facility and filed electronically decisions relied upon. 5. The Ld. Counsel of the assessee submitted that issue in dispute is covered in favour of the assessee by the decision of the Hon ble Supreme Court in the case of Engineering Analysis Centre of Excellence (P) Ltd vs CIT reported in 432 ITR 471 (SC). The Ld. DR also conceded that issue in dispute of supply of the software is covered in favour of the assessee by the decision of the Hon ble Supreme Court. 6. We have heard rival submission of the parties on the issue in dispute. In the case, the issue in dispute is whether the supply of the software by the assessee company is taxable as royalty under the DTAA between the India and the Sweden or it shou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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