Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
A fresh claim that software distribution receipts were not taxable as royalty was entertainable in appeal against an intimation under section 143(1), because there is no estoppel against law and tax can be collected only by authority of law. The later ruling in Engineering Analysis supported the assessee's right to contest the taxability despite having originally offered the receipts as income. On merits, software receipts would not be royalty if the distribution agreements conveyed only a limited right to resell copyrighted articles, without any transfer of copyright or rights to modify, copy or sub-license. As the agreements had not been examined on facts, the matter was remanded for limited verification of the nature of the software products and rights transferred.
A fresh claim that software distribution receipts were not taxable as royalty was entertainable in appeal against an intimation under section 143(1), because there is no estoppel against law and tax can be collected only by authority of law. The later ruling in Engineering Analysis supported the assessee's right to contest the taxability despite having originally offered the receipts as income. On merits, software receipts would not be royalty if the distribution agreements conveyed only a limited right to resell copyrighted articles, without any transfer of copyright or rights to modify, copy or sub-license. As the agreements had not been examined on facts, the matter was remanded for limited verification of the nature of the software products and rights transferred.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4784
Join Channel
TaxTMI 
