https://www.taxtmi.com/caselaws?id=118132 A non-resident's Indian permanent establishment was found to have performed only limited negotiation and support functions, so profit attribution was restricted to 8% of turnover rather than the higher estimate proposed by the Revenue. Software licensing receipts were held not to be royalty because the licensee obtained only a restricted right to use the software and no rights in the underlying copyright; the amounts were treated as business profits from a copyrighted article. Interest under sections 234A and 234B was also not sustained for the non-resident, following the view that advance tax liability did not arise where tax was deductible at source. en-us Fri, 28 Jul 2006 00:00:00 +0530 Mon, 19 Feb 2024 19:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=118132 A non-resident's Indian permanent establishment was found to have performed only limited negotiation and support functions, so profit attribution was restricted to 8% of turnover rather than the higher estimate proposed by the Revenue. Software licensing receipts were held not to be royalty because the licensee obtained only a restricted right to use the software and no rights in the underlying copyright; the amounts were treated as business profits from a copyrighted article. Interest under sections 234A and 234B was also not sustained for the non-resident, following the view that advance tax liability did not arise where tax was deductible at source. Case-Laws Income Tax Fri, 28 Jul 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=118132