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Income deemed to accrue or arise in India - Supply of software - ‘royalty’ - Shrink wrap software or customized software - Drawing parallels with that decision and the unchanged facts and circumstances of the current assessment year, the Tribunal held that the incomes from software licensing and maintenance services should not be taxed as royalty. The argument was that the licenses provided were non-exclusive and did not transfer any copyright rights, aligning with the precedents set by higher judicial authorities that distinguished between "copyright right" and "copyrighted article". The Tribunal allowed the appeal of the assessee, setting aside the orders of the CIT(A) and the AO.
Income deemed to accrue or arise in India - Supply of software - ‘royalty’ - Shrink wrap software or customized software - Drawing parallels with that decision and the unchanged facts and circumstances of the current assessment year, the Tribunal held that the incomes from software licensing and maintenance services should not be taxed as royalty. The argument was that the licenses provided were non-exclusive and did not transfer any copyright rights, aligning with the precedents set by higher judicial authorities that distinguished between "copyright right" and "copyrighted article". The Tribunal allowed the appeal of the assessee, setting aside the orders of the CIT(A) and the AO.
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