https://www.taxtmi.com/caselaws?id=338258 The High Court ruled in favor of the assessee, holding that payments for software were classified as business profits, not royalty, under Article 12(3) of the Indo-China Double Taxation Avoidance Agreement and Section 9(1)(vi) of the Income Tax Act, 1961. The court emphasized that the software was integral to the hardware and did not involve the transfer of copyright rights. Additionally, the court found that interest under Section 234B of the Income Tax Act was not applicable to non-residents if tax was deductible at the source, citing precedent. The revenue's appeals were dismissed. 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 The High Court ruled in favor of the assessee, holding that payments for software were classified as business profits, not royalty, under Article 12(3) of the Indo-China Double Taxation Avoidance Agreement and Section 9(1)(vi) of the Income Tax Act, 1961. The court emphasized that the software was integral to the hardware and did not involve the transfer of copyright rights. Additionally, the court found that interest under Section 234B of the Income Tax Act was not applicable to non-residents if tax was deductible at the source, citing precedent. The revenue's appeals were dismissed. Case-Laws Income Tax Tue, 24 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=338258