Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
Receipts from non-resident licensing of software to OEMs and under an operator agreement were examined to determine whether they constituted "royalty" under s. 9(1)(vi) and Article 12 of the India-USA DTAA. It was held that the licence merely permitted use of a copyrighted article; no copyright or right to use copyright was transferred, and incidental downloading, installation, and backup did not amount to acquisition of copyright, hence the receipts were not royalty and were not chargeable as royalty income. Credit/refund of TDS was directed to be granted upon disposal of the pending rectification application. Interest under s. 234B was held consequential, and s. 234C chargeable only on returned income. - ITAT
Receipts from non-resident licensing of software to OEMs and under an operator agreement were examined to determine whether they constituted "royalty" under s. 9(1)(vi) and Article 12 of the India-USA DTAA. It was held that the licence merely permitted use of a copyrighted article; no copyright or right to use copyright was transferred, and incidental downloading, installation, and backup did not amount to acquisition of copyright, hence the receipts were not royalty and were not chargeable as royalty income. Credit/refund of TDS was directed to be granted upon disposal of the pending rectification application. Interest under s. 234B was held consequential, and s. 234C chargeable only on returned income. - ITAT
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