https://www.taxtmi.com/caselaws?id=442523 The Tribunal upheld the decision that the revenue from the sale of software was not royalty but business income, following the interpretation that the assessee, as a distributor, did not transfer copyright and lacked ownership over the software. Consequently, due to the absence of Permanent Establishment and the nature of the transactions, the revenue was deemed not taxable in India. The Tribunal dismissed the Revenue's arguments, aligning with the Supreme Court's precedent and overturning a previous Tribunal decision. en-us Mon, 26 Dec 2022 00:00:00 +0530 Sat, 02 Sep 2023 12:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=442523 The Tribunal upheld the decision that the revenue from the sale of software was not royalty but business income, following the interpretation that the assessee, as a distributor, did not transfer copyright and lacked ownership over the software. Consequently, due to the absence of Permanent Establishment and the nature of the transactions, the revenue was deemed not taxable in India. The Tribunal dismissed the Revenue's arguments, aligning with the Supreme Court's precedent and overturning a previous Tribunal decision. Case-Laws Income Tax Mon, 26 Dec 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=442523