Receipts from Sale of licence software is not a royalty : ITAT Delhi

Symantec Asia Pacific Pte. Ltd. Vs DCIT (ITAT Delhi) The Assessing Officer raised a query that the consideration amounting to Rs.242,52,89,282/- on sale of licence software should be treated as receipts received on account of sale of licence software as royalty. The issue of software income is not a royalty income is settled by the Apex Court in case of Engineering Analysis Centre of Excellence Pvt. Ltd. Vs. CIT (Civil Appeal No 8733-8744 of 2018 order dated 2/3/2021. The Legal Principal and the factual matrix are identical in present Assessment year of the assessee to that of the issues discu...