Imported analyser diagnostic cartridges treated as accessories with analyser system, not standalone diagnostic reagents; extended limitation and penal...
Steel-timber construction shuttering/formwork tariff classification dispute: essential character held steel, classified as shuttering under Heading 73...
Family-linked property purchases using fabricated loan agreements and benami-style arrangements held to be crime proceeds; attachment upheld, appeal d...
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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