Case Law Details
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 discussed in case of Engineering Analysis Centre of Excellence Pvt. Ltd.. Besides this, the issue is covered in favour of assessee in previous year as well. Hence, the appeal of the assessee is allowed.
FULL TEXT OF THE ITAT JUDGEMENT
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