https://www.taxtmi.com/caselaws?id=338258 Consideration for embedded software supplied with telecom equipment was treated as business income, not royalty, because the software was integral to the hardware, not independently exploitable, and no copyright rights under the Copyright Act were transferred; separate invoicing and nomenclature did not change the real nature of the transaction. The Court also noted that where treaty-based tax treatment of the non-resident income applied on the facts, interest under Section 234B was not leviable. Both issues were decided against the Revenue and in favour of the assessee. en-us Tue, 24 Jan 2017 00:00:00 +0530 Sat, 01 Apr 2017 14:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=338258 Consideration for embedded software supplied with telecom equipment was treated as business income, not royalty, because the software was integral to the hardware, not independently exploitable, and no copyright rights under the Copyright Act were transferred; separate invoicing and nomenclature did not change the real nature of the transaction. The Court also noted that where treaty-based tax treatment of the non-resident income applied on the facts, interest under Section 234B was not leviable. Both issues were decided against the Revenue and in favour of the assessee. Case-Laws Income Tax Tue, 24 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=338258