Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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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