SC upholds ruling: Income from licensing CRM software not royalty under Article 12(3) of India-Singapore DTAA The SC dismissed the Special Leave Petition, upholding the HC's ruling that the income received by the assessee, a Singapore tax resident, from licensing ...
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SC upholds ruling: Income from licensing CRM software not royalty under Article 12(3) of India-Singapore DTAA
The SC dismissed the Special Leave Petition, upholding the HC's ruling that the income received by the assessee, a Singapore tax resident, from licensing CRM software to Indian customers does not constitute royalty under Article 12(3) of the India-Singapore DTAA. Explanation 4's deeming fiction includes transfer of rights to use software, but the DTAA does not cover such rights. The ITAT's finding that the subscription fees are not royalty income was affirmed. The appeal was decided in favor of the assessee.
The Supreme Court, with Hon'ble Justices Abhay S. Oka and Ujjal Bhuyan presiding, after hearing counsel for the petitioner and respondent, "condoned delay" and found "no error in the impugned judgment of the High Court." Consequently, the Special Leave Petition was dismissed, and any pending applications were disposed of.
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