Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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The ITAT addressed the taxability of software license receipts as royalty under the India-US Tax Treaty. The case involved a foreign company selling software licenses to a distributor in India, who then sells to end-users. The ITAT held that since the end-users were granted a non-exclusive, non-transferrable, and non-sub licensable license, the payment received from the distributor cannot be considered as "royalty" under the treaty. Additionally, the ITAT considered the taxability of amounts received for maintenance services, concluding that when maintenance is linked to the software license and the software itself is not taxable as royalty, the provisions of the treaty do not apply. The ITAT upheld the decision of the CIT (A) based on previous ITAT orders, dismissing the appeal filed by the Revenue.
The ITAT addressed the taxability of software license receipts as royalty under the India-US Tax Treaty. The case involved a foreign company selling software licenses to a distributor in India, who then sells to end-users. The ITAT held that since the end-users were granted a non-exclusive, non-transferrable, and non-sub licensable license, the payment received from the distributor cannot be considered as "royalty" under the treaty. Additionally, the ITAT considered the taxability of amounts received for maintenance services, concluding that when maintenance is linked to the software license and the software itself is not taxable as royalty, the provisions of the treaty do not apply. The ITAT upheld the decision of the CIT (A) based on previous ITAT orders, dismissing the appeal filed by the Revenue.
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