https://www.taxtmi.com/caselaws?id=308303 Payment for use of LARA, DIVA and Ocean software was treated as consideration for business use of operational tools, with no transfer of copyright or right to sublicense. On treaty analysis, the receipts were not royalty and were protected as shipping profits, so the domestic withholding and disallowance consequences did not arise; retrospective Explanation 4 to section 9(1)(vi) could not create a withholding duty for the relevant period. The TDS credit question was kept to verification, with direction to allow admissible credit in accordance with law. en-us Thu, 02 Jan 2020 00:00:00 +0530 Wed, 14 Jun 2023 21:50:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308303 Payment for use of LARA, DIVA and Ocean software was treated as consideration for business use of operational tools, with no transfer of copyright or right to sublicense. On treaty analysis, the receipts were not royalty and were protected as shipping profits, so the domestic withholding and disallowance consequences did not arise; retrospective Explanation 4 to section 9(1)(vi) could not create a withholding duty for the relevant period. The TDS credit question was kept to verification, with direction to allow admissible credit in accordance with law. Case-Laws Income Tax Thu, 02 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308303