ITO (IT) TDS 3, MUMBAI vs. SSA GLOBAL TECHNOLOGIES (I) P.LTD ( FORMERLY KNWONA AS INFOR GLOBAL SOLUTIONS (I) P.LTD), MUMBAI
The appeals of the revenue stands dismissed and that of the assessee stands allowed
ITA 3049/MUM/2011[2007-08]Status: DisposedITAT Mumbai13 Jun 2016AY 2007-08
Bench: Shri G S Pannu & Shri Amit Shukla
Section 143(3)
…td v ITO (International Taxation) [2006] 5 SOT 660 (Bang) 4 Sonata Information Technology Ltd v DCIT [2006] 7 SOT 465 (Bom) 5 Sonata Information Technology Ltd v ADIT [2006] 103 ITD 324 (Bang) 6 ACC Ltd v CC [2001] 128 ELT 21 (SC) 7 IMP Power Ltd v ITO [2006] 9 SOT 165 (Bom) 4. The Ld. AO examined the legal aspect in detail and ultimately held that, the payment received by the assessee for sale of software is nothing but “royalty” not only under the Income Tax Act but also within the meaning of India-Netherland DTAA and accordingly, assessed receipts @ 15% being tax rate applicable to the ‘royalty income’ as per…