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INCOME TAX APPELLATE TRIBUNAL (MUMBAI BENCH)
Amit Shukla, J
Siemens AG – Appellant
Versus
Department of Income Tax – Respondent
| Table of Content |
|---|
| 1. cross appeals raised by both parties (Para 1 , 2 , 3) |
| 2. characterization of software receipts as royalty (Para 4 , 5 , 6) |
| 3. court's view on software classification and precedents (Para 9 , 10 , 11) |
| 4. constitution of aop and its implications (Para 17 , 19 , 20) |
| 5. tax implications of compensation from arbitration (Para 44 , 45 , 46) |
| 6. transfer pricing adjustments and documentation (Para 58 , 59 , 60) |
| 7. taxation basis of royalties and fees for services (Para 71 , 78 , 80) |
| 8. final decisions on appeals (Para 83 , 84) |
ORDER
PER AMIT SHUKLA (J.M):
The aforesaid cross appeals have been filed by the assessee as well as by the department against final assessment order dated 30/01/2014, passed by Dy. Director Income Tax (IT)-2(1), Mumbai in pursuance of directions given by the DRP vide order dated 16/12/2013 u/s.144C(5).
2. In both the appeals five issues have been raised by the assessee as well as by the department, which in summary manner is reproduced hereunder:-
| Sr. | Issue | Grounds Of Appeal reference |
| I. | Characterisation of receipts towards software as royalty | Ground nos. 2 to 5 of the assessee’s appeal |
| 2. | Alleged constitution of an AOP between the assessee and Siemens Limited in res | |
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