https://www.taxtmi.com/caselaws?id=411670 Receipts from sale of shrink-wrapped and off-the-shelf software were examined on the question whether the consideration constituted royalty. The applicable Supreme Court principle was that payments are not royalty where the distributor or end-user obtains only a non-exclusive, non-transferable right to resell or use software, without any transfer of copyright or other protected rights under the Copyright Act. The Tribunal noted that the underlying agreements had not been examined and were not before it, so the factual position could not be matched conclusively with the Supreme Court categories. The royalty characterisation issue was therefore remitted to the Assessing Officer for fresh consideration in light of the governing ruling and the relevant agreements. en-us Mon, 23 Aug 2021 00:00:00 +0530 Tue, 31 Aug 2021 10:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=411670 Receipts from sale of shrink-wrapped and off-the-shelf software were examined on the question whether the consideration constituted royalty. The applicable Supreme Court principle was that payments are not royalty where the distributor or end-user obtains only a non-exclusive, non-transferable right to resell or use software, without any transfer of copyright or other protected rights under the Copyright Act. The Tribunal noted that the underlying agreements had not been examined and were not before it, so the factual position could not be matched conclusively with the Supreme Court categories. The royalty characterisation issue was therefore remitted to the Assessing Officer for fresh consideration in light of the governing ruling and the relevant agreements. Case-Laws Income Tax Mon, 23 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=411670