9911796707
TMI Blog2024 (12) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... in the argument of the assessee that no blame can be placed upon the assessee as the impugned amendment is with retrospective effect and was not there on statute when deduction was to be made. We have also noted that in the case of AMEC foster wheeler India Pvt Ltd [ 2022 (8) TMI 1341 - ITAT CHENNAI] . We have also noted that Hon ble Madras High Court in the cases of Saipem India PVt Ltd, [ 2021 (12) TMI 1447 - MADRAS HIGH COURT] Dasault, [ 2021 (4) TMI 180 - MADRAS HIGH COURT] Financial software [ 2021 (11) TMI 587 - MADRAS HIGH COURT] have also held that in view of the apex court decision in the case of Engineering Analysis [ 2021 (3) TMI 138 - SUPREME COURT] no TDS deduction is required in cases having facts as that of present assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... O added the same u/s 201(1) / 201(1A). The Ld. CIT(A) concurred with the findings of the Ld. AO and sustained the addition. The Ld. Counsel for the assesses submitted a detailed paper book and contested that the impugned addition is unwarranted and that in its case the issue is covered in its favour by the decisions of Hon ble Supreme Court in the cases of Engineering Analysis Centre of Excellence Pvt Ltd, SC, (2021) 432 ITR 471(SC), Saipem India Projects Pvt Ltd. HC-MAD, 2021(12) TMI 1447, Dasault Systems Sumulia Pvt Ltd. HC MAD, 2021(4) TMI 180, M/s. Financial Software and Sysems Pvt Ltd, HC MAD, 2021(11) TMI 587 and M/s.Amec Foster Wheeler India Pvt Ltd. ITAT Chennai, 2022(8) TMI 1341 ITAT Chennai . The Ld. Counsel for the assesses, with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tware products and as to whether the Associated Enterprises of the Assessee provides this directly to the Assessee or through another entity is not material. The Assessee has received certain software products and has made the payments for it is the most important fact. The same is taxable under the Income Tax Act, 1961 as well as the Double Taxation Avoidance Agreement [DTAA] between India and the United States, United Kingdom and Ireland. However, the transaction name given by the Assessee to the transaction is not material. The Dispute Resolution Panel [DRP] also confirmed the action of the Assessing Officer and disallowed the expenditure incurred towards the off-the-shelf software products by observing in paragraph No.2.6.3, as under: 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e incurred towards its share of software cost which are in the nature of off-the-shelf software products such as of Microsoft Office [MS Office], IBM Lotus Notes, AVEVA, Auto CAD, etc. It was contended that the above said expenses were negotiated and incurred at a group level with the third-party vendors by the overseas Associated Enterprises [AE] on behalf of all the group entities and the corresponding cost was recharged to the various entities on a cost-to-cost basis without any mark-up. He stated that this issue stands now covered by the decision of the Hon'ble Supreme Court in the case of Engineering Analysis Centre of Excellence Private Limited Vs. Commissioner of Income Tax reported in [2021] 125 Taxmann.com 42 (SC), wherein the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
