https://www.taxtmi.com/caselaws?id=414804 Offshore supply of hardware was treated as non-taxable in India because title and risk did not pass in India, the acceptance test was not determinative, and the contract/facts did not establish a business connection or permanent establishment for attributing profits. Consideration for software distribution was held not to be royalty, following the principle that payments for resale or use of software without transfer of copyright rights are business income and not taxable as royalty under the Act or treaty. Interest under section 234B was also held unsustainable for the relevant pre-2013 period in the circumstances covered by the governing Supreme Court ruling. en-us Wed, 27 Oct 2021 00:00:00 +0530 Wed, 17 Nov 2021 10:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=414804 Offshore supply of hardware was treated as non-taxable in India because title and risk did not pass in India, the acceptance test was not determinative, and the contract/facts did not establish a business connection or permanent establishment for attributing profits. Consideration for software distribution was held not to be royalty, following the principle that payments for resale or use of software without transfer of copyright rights are business income and not taxable as royalty under the Act or treaty. Interest under section 234B was also held unsustainable for the relevant pre-2013 period in the circumstances covered by the governing Supreme Court ruling. Case-Laws Income Tax Wed, 27 Oct 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=414804