Case Law Details
CIT (International Taxation) Vs Gracemac Corporation (Delhi High Court)
High court held that licensing of software products of Microsoft in the Territory of India by the Respondent was not taxable in India as Royalty under Section 9(1)(vi) of the Act read with Article 12 of the Indo US DTAA.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. Present appeals have been filed under Section 260A of the Income Tax Act, 1961 [for short ‘Act’] challenging the judgment and order passed by ITAT on 16th November, 2020 for the Assessment Years 2005-2006 and 2007-08.
2. Learned counsel for the appellant-Revenue submits that ITAT has erred in holding that licensing of software products of Microsoft in the Territory of India by the Respondent was not taxable in India as Royalty under Section 9(1)(vi) of the Act read with Article 12 of the Indo US DTAA.
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