https://www.taxtmi.com/caselaws?id=335403 Consideration for sale of standard software was treated as business income, not royalty, because the sale did not involve transfer of copyright or rights in a copyright under the India-Finland DTAA or section 9(1)(vi) of the Income-tax Act, 1961. The Tribunal followed the earlier view in the assessee's own case and applied the treaty business profits article. TDS credit and grossing-up adjustments were not decided finally on merits; those matters were remitted to the Assessing Officer for verification and recomputation in accordance with law. The appeals thus succeeded on the core characterization issue, with limited remand on the accounting aspects. en-us Mon, 03 Oct 2016 00:00:00 +0530 Thu, 01 Dec 2016 13:32:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=335403 Consideration for sale of standard software was treated as business income, not royalty, because the sale did not involve transfer of copyright or rights in a copyright under the India-Finland DTAA or section 9(1)(vi) of the Income-tax Act, 1961. The Tribunal followed the earlier view in the assessee's own case and applied the treaty business profits article. TDS credit and grossing-up adjustments were not decided finally on merits; those matters were remitted to the Assessing Officer for verification and recomputation in accordance with law. The appeals thus succeeded on the core characterization issue, with limited remand on the accounting aspects. Case-Laws Income Tax Mon, 03 Oct 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=335403