https://www.taxtmi.com/caselaws?id=259905 Consideration for shrink-wrapped software licences paid by Indian customers was treated as royalty because the transaction was viewed as use of copyrighted software rights, not a mere sale of goods; the receipt was therefore taxable in India under the Act and the applicable treaty. On interest under section 234B, the Tribunal followed its earlier view that a non-resident payee is not liable for advance-tax default where the payer was required to deduct tax at source, so interest was not leviable. The dispute thus turned on the royalty character of software licence payments and the inapplicability of section 234B to income subject to withholding tax. en-us Fri, 06 Feb 2015 00:00:00 +0530 Tue, 19 May 2015 19:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=259905 Consideration for shrink-wrapped software licences paid by Indian customers was treated as royalty because the transaction was viewed as use of copyrighted software rights, not a mere sale of goods; the receipt was therefore taxable in India under the Act and the applicable treaty. On interest under section 234B, the Tribunal followed its earlier view that a non-resident payee is not liable for advance-tax default where the payer was required to deduct tax at source, so interest was not leviable. The dispute thus turned on the royalty character of software licence payments and the inapplicability of section 234B to income subject to withholding tax. Case-Laws Income Tax Fri, 06 Feb 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=259905