In the result, the appeal filed by the assessee in ITA
Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravisl.
penalty proceedings be overturned. The above grounds are without prejudice to each other.” 5. Briefly, the facts of the case are as under : The appellant TIBCO Software B.V. is a non-resident company incorporated in Netherlands. The company is engaged in sale of Software licences and provision of Software maintenance, Consulting and Training services in India. The return of income