Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
Allocation of enhanced FSI/TDR proceeds between cooperative society and individual flat-owners; tribunal deletes society LTCG addition, remits 80P ver...
Whether cross-border receipts constitute "royalty" under Article 12 of the India-Germany DTAA: tribunal held that application of the supplier's expertise in producing data or software does not amount to imparting "information concerning industrial, commercial or scientific experience" because the customer is not enabled to independently reproduce the know-how; outcome - payments for flight data are not royalty. Software licences and restrictive contractual terms preserve supplier's title and prevent extraction of technology, so licence fees are not royalty. Ancillary training/implementation/support are incidental service payments, not transfers of know-how; sale of tangible charts remains sale of goods. Consequence - receipts are business income not taxable in India; addition deleted. - ITAT
Whether cross-border receipts constitute "royalty" under Article 12 of the India-Germany DTAA: tribunal held that application of the supplier's expertise in producing data or software does not amount to imparting "information concerning industrial, commercial or scientific experience" because the customer is not enabled to independently reproduce the know-how; outcome - payments for flight data are not royalty. Software licences and restrictive contractual terms preserve supplier's title and prevent extraction of technology, so licence fees are not royalty. Ancillary training/implementation/support are incidental service payments, not transfers of know-how; sale of tangible charts remains sale of goods. Consequence - receipts are business income not taxable in India; addition deleted. - ITAT
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