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TMI Blog2022 (2) TMI 513X X X X Extracts X X X X X X X X Extracts X X X X ..... eliance in the case of Engineering Analysis Centre of Excellence Pvt. Ltd. [ 2021 (3) TMI 138 - SUPREME COURT] held the receipt derived by the assessee under the sale of software licenses and support services are not chargeable to tax in terms of section 9(1)(vi) of the Act r.w. Article 12 of DTAA. DR fairly conceded that the facts and circumstances in the year under consideration are similar to that of A.Y. 2010-11 in assessee s own case. [ 2021 (9) TMI 462 - ITAT PUNE] Therefore, we hold the receipt under sale of software licenses and support services are not chargeable to tax u/s. 9(1)(vi) of the Act r.w. Article 12 DTAA between India and Singapore. Thus, the final assessment order dated 09-10-2019 passed by the AO/ACIT (IT), Circle-1, P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ale as royalty under the India-Singapore DTAA as well as under the Act and liable to tax in India. II. Other grounds of appeal I. Initiation of penalty proceedings under section 271(1)(c) of the Act Erred in initiating penalty proceedings under section 271(1)(c) of the Act without appreciating the facts that the additions made to the taxable income of the Appellant is on account of difference of opinion and the Appellant has not filed any inaccurate particulars of income nor has concealed any particulars of income." 5. Heard both the parties and perused the material available on record. The brief facts relating to the issue are that the assessee is a company incorporated under the laws of Singapore and is a tax resident of Singapore, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said order, we note, the Co-ordinate Bench, by placing reliance in the case of Engineering Analysis Centre of Excellence Pvt. Ltd. Vs. CIT reported in (2021) 432 ITR 472 (SC) held the receipt derived by the assessee under the sale of software licenses and support services are not chargeable to tax in terms of section 9(1)(vi) of the Act r.w. Article 12 of DTAA. The ld. DR fairly conceded that the facts and circumstances in the year under consideration are similar to that of A.Y. 2010-11 in assessee's own case. Therefore, we hold the receipt of ₹ 130,20,15,830/- received under sale of software licenses and support services are not chargeable to tax u/s. 9(1)(vi) of the Act r.w. Article 12 DTAA between India and Singapore. Thus, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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