The Tribunal held that the Assessing Officer had only followed the ruling of the Authority for Advance Rulings in the assessee’s own case and under the provisions of section 245S of the Act, the ruling of the Authority for Advance Rulings is binding upon the Revenue authorities. It was also not the case that the High Court had reversed the order of the Authority for Advance Rulings. There was no infirmity in the order of the Commissioner (Appeals). (AY. 2010-11, 2011-12)
EY Global Services Ltd. v. ACIT (IT) (2022)96 ITR 58 (SN) (Delhi) (Trib)
S. 245S : Advance rulings-Binding-Non-Resident-Royalty-Assessing Officer Holding Payments For Software Licence Services Taxable As Royalty Following Ruling Of Authority For Advance Rulings-Justified.