Gracemac Corp. v. ACIT

134 TTJ 257Income Tax Appellate Tribunal#16667 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 352,026 Indian tax judgments — from 2015 to 2021.

Judgments citing Gracemac Corp. v. ACIT

Aspect Software Inc., Usa vs. DCIT Circle 1(1)((1 )International Taxation), New Delhi

The appeal of the assessee is hereby allowed

ITA 6661/DEL/2019[2016-17]Status: DisposedITAT Delhi24 Sept 2021AY 2016-17

Bench: Sh. Kul Bharatdr. B. R. R. Kumar(Through Video Conferencing)

For Appellant: Ms. Rashmi Chopra, AdvFor Respondent: Sh. Sunil Kumar, CIT DR
Section 115ASection 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI Before Sh. Kul Bharat, Judicial Member Dr. B. R. R. Kumar, Accountant Member (Through Video Conferencing) ITA No. 6661/Del/2019 : Asstt. Year : 2016-17 Aspect Software Inc. Vs DCIT, C-56, Nizamuddin (East), Circle-1(1)(1), New Delhi-110013 New Delhi-110002 (APPELLANT) (RESPONDENT) PAN No. AAGCA7513D Assessee by : Ms. Rashmi Chopra, Adv. Revenue by : Sh. Sunil Kumar, CIT DR Date of Hearing: 20.09.2021 Date of Pronouncement: 24.09.2021 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the or…

Aspect Software Inc., Usa vs. DCIT (International Taxation), New Delhi

In the result, both the appeals of the assessee stand partly

ITA 1453/DEL/2017[2013-14]Status: DisposedITAT Delhi27 Sept 2018AY 2013-14

Bench: Shri G.D. Agrawal, Hon’Ble & Shri Sudhanshu Srivastavaay: 2012-13 Ay: 2013-14

For Appellant: Shri Ankur Goyal, AdvFor Respondent: Shri G.K. Dhall, Int. Tax
Section 143(2)Section 9

…se” written in the agreements rather than the substance of the transaction which was sale of good, i.e. sale of software. That on facts and circumstances of the case and in law, the 2.5 Ld AO has erred in placing reliance on decision of Gracemac Corporation [134 TTJ 257 (Delhi)], which is not a good law in view of various legal and factual inaccuracies in the observations recorded and which has been distinguished by various courts subsequently. That on facts and in law, the Hon’ble DRP and Ld. AO have 2.6 erred in not appreciating that: the definition of Royalty is different in the Act and the India- 2.6.1 US…

Aspect Software Inc., Usa vs. DCIT (International Taxation), New Delhi

In the result, both the appeals of the assessee stand partly

ITA 1452/DEL/2017[2012-13]Status: DisposedITAT Delhi27 Sept 2018AY 2012-13

Bench: Shri G.D. Agrawal, Hon’Ble & Shri Sudhanshu Srivastavaay: 2012-13 Ay: 2013-14

For Appellant: Shri Ankur Goyal, AdvFor Respondent: Shri G.K. Dhall, Int. Tax
Section 143(2)Section 9

…se” written in the agreements rather than the substance of the transaction which was sale of good, i.e. sale of software. That on facts and circumstances of the case and in law, the 2.5 Ld AO has erred in placing reliance on decision of Gracemac Corporation [134 TTJ 257 (Delhi)], which is not a good law in view of various legal and factual inaccuracies in the observations recorded and which has been distinguished by various courts subsequently. That on facts and in law, the Hon’ble DRP and Ld. AO have 2.6 erred in not appreciating that: the definition of Royalty is different in the Act and the India- 2.6.1 US…

DCIT, Chennai vs. Dsm Soft Private Limited, Chennai

In the result, the appeal of the Revenue in ITA

ITA 2062/CHNY/2015[2009-10]Status: DisposedITAT Chennai28 Mar 2016AY 2009-10

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri. A.B. Koli, IRS, JCITFor Respondent: Ms. Hemalatha, K. ACA
Section 10ASection 143(1)Section 143(3)Section 148

…of royalty and technical knowhow and usage outside India cannot be a ground as the payments are made outside India having license fee for the use of software. The ld. AO categorized payments as royalty and relied on the decision of Gracemac Corp. vs. ACIT, 134 TTJ 257 were payments of royalty of nonresident is deemed to accrue or arise in India irrespective of the fact whether non resident has a residence or place of business in India and concludes that the provisions of TDS shall comply and made disallowance u/s.40(a)(i) of the Act of "44,85,800/-. Aggrieved by the order, the assessee filed an appeal before…

DCIT, Chennai vs. Dsm Soft Private Limited, Chennai

In the result, the appeal of the Revenue in ITA

ITA 2059/CHNY/2015[2008-09]Status: DisposedITAT Chennai16 Mar 2015AY 2008-09

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri. A.B. Koli, IRS, JCITFor Respondent: Ms. Hemalatha, K. ACA
Section 10ASection 143(1)Section 143(3)Section 148

…of royalty and technical knowhow and usage outside India cannot be a ground as the payments are made outside India having license fee for the use of software. The ld. AO categorized payments as royalty and relied on the decision of Gracemac Corp. vs. ACIT, 134 TTJ 257 were payments of royalty of nonresident is deemed to accrue or arise in India irrespective of the fact whether non resident has a residence or place of business in India and concludes that the provisions of TDS shall comply and made disallowance u/s.40(a)(i) of the Act of "44,85,800/-. Aggrieved by the order, the assessee filed an appeal before…

Gracemac Corp. v. ACIT (134 TTJ 257) — Cited in 5 Judgments | BharatTax