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1 - 10 of 16 (0.29 seconds)Section 143 in The Finance Act, 2018 [Entire Act]
The Finance Act, 2018
The Commr Of Income Tax vs M/S Samsung Electronics Co Ltd on 24 September, 2009
52. Even otherwise, the Revenue has not cited any direct case law of the
jurisdictional High Court of Bombay before us. In the case laws cited by the
Revenue of the Hom'le Karnataka High Court in the matter of CIT Vs.
Samsung Electronics Company Ltd." (supra) and CIT Vs. Synopsis
International Old Ltd. (supra) though a view in favour of the Revenue has
been taken, but, the Hon'ble Delhi High Court in the case of DIT Vs. Infrasoft
Ltd. (supra) which is a latter decision and has discussed the Samsung case
also has taken the view in favour of the assessee.
Article 12 in Constitution of India [Constitution]
The Commissioner Of Income-Tax vs M/S Synopsis International Old Ltd., on 3 August, 2010
52. Even otherwise, the Revenue has not cited any direct case law of the
jurisdictional High Court of Bombay before us. In the case laws cited by the
Revenue of the Hom'le Karnataka High Court in the matter of CIT Vs.
Samsung Electronics Company Ltd." (supra) and CIT Vs. Synopsis
International Old Ltd. (supra) though a view in favour of the Revenue has
been taken, but, the Hon'ble Delhi High Court in the case of DIT Vs. Infrasoft
Ltd. (supra) which is a latter decision and has discussed the Samsung case
also has taken the view in favour of the assessee.
The Commissioner Of Income-Tax, West ... vs M/S. Vegetables Products Ltd on 29 January, 1973
and in case of CIT Vs. Vegetable Products Ltd. 88 ITR 192 (SC) has
P a g e | 12
decided this issue in favour of the assessee. Since, the matter has also been
considered by the Hon'ble Income Tax Appellate Tribunal and decided this
issue in favour of the assessee specifically for the A.Y.2002-03 in ITA No.
3095/Mum/2007 order dated 15th December 2009 and for the A.Y.2005-06
in ITA No.5097/Mum/2008 order dated 1st April 2010 and for A.Y.2006-07 in
ITA No.3219/Mum/2010 order dated 08.02.2012 and for A.Y.2007-08 in ITA
No.8721/Mum/2010 order dated 31.03.2016 and for A.Y.2009-10 in ITA
No.7790/Mum/2012 order dated 31.03.2016 in which the receipt on account
of sale of Shrinkwrap software is not in the nature of royalty hence is not
liable ITA No.936/M/2015 A.Y.2011-12 12 in India un view of the provision of
section 9(1)(iv) of the Act as well as Article 12(3) of the Double Taxation
Avoidance Agreement between India and U.S.A. In view of the said
circumstances, we are of the view that the case of the assessee is fully
covered by the above mentioned decisions and the finding of the Assessing
Officer is based upon the DRP direction is wrong against law and facts and is
hereby ordered to be set aside on this issue. It is therefore held that receipt
to the tune of Rs.26,87,30,378/- on account of the receipt for sale of shrink-
wrap software is not liable to tax in India. Therefore, the Assessing Officer is
hereby directed to delete the full addition. Accordingly, these 8 ITA No.
7027/MUM/2018 (A.Y: 2015-16) Dassault Systems Solidworks Corporation
issues are decided in favour of the assessee against the revenue.
Commr. Of Income Tax. vs M/S Balaji Vegetable Products (P) Ltd. on 16 October, 2015
Commissioner of
Sales Tax Vs/ M/s. Ankit International, Sales Tax Appeal No.9 of 2011 vide
order dated 15th September, 2011 while relying upon the decision of the
Hon'ble Supreme Court in the Commissioner of Income Tax V. Vegetable
Product Ltd. (1973) 88 ITR 192 and in Mauri Yeast India Pvt. Ltd. Vs. Stte of
U.P. (2008) 14 VST 259 (SC) : (2008) 5 S.C.C. 680 has held that, if two views in
regard to the interpretation of a provision are possible, the Court would be
justified in adopting that construction which favours the assessee. Reliance
can also be placed in this regard on the 7 ITA No. 7027/MUM/2018 (A.Y:
2015-16) Dassault Systems Solidworks Corporation decision of Hon'ble
Supreme Court in Bihar State Electricity Board and another Vs. M/s. Usha
Martin Industries and another : (1997) 5 SSC 289. We accordingly adopt the
construction in favour of the assessee.