Assessee is entitled to beneficial legislation: Income Tax Act & DTAA

M/s. Ansys Inc. Vs ACIT (ITAT Pune) In present facts of the case, the assessee is a company registered in, and a tax resident of USA. A transaction was initiated between assesse and M/s. Honeywell Technology Solutions Lab Pvt. Ltd., wherein the assesse received Rs.2.42 crore as a consideration for sale of Software/License which was considered in the nature of Royalty chargeable to tax in India by the AO. The assessee, contended that as per Article 12 of the DTAA, the amount received was not in the nature of Royalty but they are ‘Business Profits’ covered under article 7 of DTAA. The Hon’...