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The HC dismissed the Revenue's challenge and held that payments made to non-resident entities for the sale of copyrighted software do not constitute "royalty" taxable in India under the Act or under the applicable DTAA. Applying the End User Licence Agreement and precedent of the Supreme Court, the HC found the Tribunal's conclusion (that the receipts were not royalty) sustainable and not perverse; moreover, holdings in related payer-side decisions bind the characterization in the hands of the payee. Consequently, income arising from the sale of the copyrighted software by the non-resident respondent-assessee is not taxable in India as royalty and TDS under section 195 is not attracted.
The HC dismissed the Revenue's challenge and held that payments made to non-resident entities for the sale of copyrighted software do not constitute "royalty" taxable in India under the Act or under the applicable DTAA. Applying the End User Licence Agreement and precedent of the Supreme Court, the HC found the Tribunal's conclusion (that the receipts were not royalty) sustainable and not perverse; moreover, holdings in related payer-side decisions bind the characterization in the hands of the payee. Consequently, income arising from the sale of the copyrighted software by the non-resident respondent-assessee is not taxable in India as royalty and TDS under section 195 is not attracted.
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