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    <title>2013 (4) TMI 515 - ITAT, BANGALORE</title>
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    <description>A restricted licence to distribute shrink-wrapped software, where copying for installation and backup was permitted but copyright remained with the supplier, was treated as royalty and attracted tax deduction at source under section 195. The challenge to initiation of penalty proceedings was held not maintainable because mere initiation caused no final prejudice and no appeal lay against it. Interest under section 234A was held leviable as mandatory on the facts, with no computation error shown. Interest under section 234B was not leviable because, where tax was deductible at source from the relevant income, the non-resident payee could not be charged with advance-tax shortfall interest.</description>
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      <link>https://www.taxtmi.com/caselaws?id=231267</link>
      <description>A restricted licence to distribute shrink-wrapped software, where copying for installation and backup was permitted but copyright remained with the supplier, was treated as royalty and attracted tax deduction at source under section 195. The challenge to initiation of penalty proceedings was held not maintainable because mere initiation caused no final prejudice and no appeal lay against it. Interest under section 234A was held leviable as mandatory on the facts, with no computation error shown. Interest under section 234B was not leviable because, where tax was deductible at source from the relevant income, the non-resident payee could not be charged with advance-tax shortfall interest.</description>
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